9th Circ. Won't Budge On Wind Farm Right-Of-Way Ruling

Law360, New York (August 18, 2016, 4:52 PM EDT) -- The Ninth Circuit on Wednesday rejected a request to review a panel decision upholding the Bureau of Land Management's grant of a right-of-way for a 186-megawatt wind farm project in San Diego County, unswayed by arguments that the agency shirked a duty to protect migratory birds and eagles.

Protect Our Communities Foundation and Backcountry Against Dumps had challenged part of the June ruling that said the BLM didn't need to get a take permit from the U.S. Fish and Wildlife Service to allow incidental bird deaths when it issued its approval for the project, or require the developer, Tule Wind LLC,...

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