Wildlife & Habitat Protection
3/30/2009 8:24:12 PM EST
Fish & Wildlife Service advisory committee seeks to establish best practices for wind turbines to minimize harm to birds and bats
Partner, Ropers Majeski Kohn & Bentley
Controversy over the potential for adverse impacts [no pun] on birds and bats from wind turbines have featured prominently in some recent litigation. See, for example, Center for Biological Diversity, Inc., et al v. FPL Group, Inc., et al (2008), 166 Cal. App. 4th 1349, discussed in a prior post. As such, in 2007, the U.S. Fish & Wildlife Service, under the Federal Advisory Committee Act, convened representatives of State government, wind turbine companies, and conservation/environmental groups to seek to develop "best practices" for the construction and operation of wind turbines. Two preliminary drafts have recently been issued.
The drafts outline a tiered or staged strategy to gathering data and information necessary for decision-making on where to site wind turbines in order to minimize harm to birds and bats. The first stage might be a regional review; the second, discussions with local government and environmental organizations. The third stage would be field studies to ascertain wildlife conditions and predict the potential for project impacts. Studies would examine not only direct harm (e.g., impacts by blades on birds and bats), but also habitat fragmentation or wildlife displacement.
Much still remains to be done, but the Committee hopes to have a final document by the end of 2009. The Committee is drawing upon, among other bases for information, current experience. For example, it has been found that raptors ride air currents up the sides of ridges, and thus (to avoid harm to raptors) turbines need to be placed away from the edge of ridges (often a favorable power generating location). Similarly, prairie potholes are highly attractive to migratory birds, and thus it would help minimize wildlife harm to keep turbines away from such locales.
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