FWS Bat Intake Rule Won't Drive Project Developers Batty

Law360, New York (January 25, 2016, 11:59 AM EST) -- Ankur K. Tohan

James M. Lynch Last spring, the U.S. Fish and Wildlife Service (the Service) published a final rule to list the northern long-eared bat as a threatened species and an interim 4(d) rule under the Endangered Species Act (16 U.S.C. §1531 et seq.).

The interim 4(d) rule reflected an attempt by the Service to accommodate both conservation needs and industry group interests; however, it was widely believed that the listing of the bat as a threatened species would impose a significant burden on wind, energy and other energy infrastructure projects carried out within range of the bat, as defined...

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