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Wind, birds and bats: recent legal migrations

Wind energy has rapidly migrated from a small to significant source of energy generation, resulting in increased attention to and regulation of wind energy’s impact on birds and bats. This article provides a high-level overview of recent developments and items to monitor in terms of wildlife protection.

Enforcement

Litigation

Incidental Take Permits (ITPs)

Multistate habitat conservation plans

The FWS is preparing multistate and multi-species habitat conservation plans (HCPs) to address certain incidental takes by wind projects. HCPs currently undergoing NEPA reviews include the following:

ESA listings

Matthew H. Ahrens is a partner and Meghan Gabriel is an associate at Milbank, Tweed, Hadley & McCloy.