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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.



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.