9th Circ. Backs San Diego Wind Farm's Right Of Way

Law360, New York (June 7, 2016, 7:11 PM EDT) -- The Ninth Circuit on Tuesday upheld the Bureau of Land Management’s decision to grant a right of way on federal lands near San Diego for Tule Wind LLC to construct and operate a wind energy project.

Protect Our Communities Foundation and Backcountry Against Dumps had challenged U.S. District Judge Janis L. Sammartino’s March 2014 decision to toss their lawsuit against the BLM, arguing the project would kill birds in violation of the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.

The groups also argued the agency’s environmental impact statement violated the National Environmental Policy Act by dismissing...

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