News & Analysis as of

National Environmental Policy Act Wind Power Migratory Bird Treaty Act (MBTA)

K&L Gates LLP

Department of the Interior Issues Flurry of Actions Targeting Wind and Solar Energy Projects

K&L Gates LLP on

Under Secretary Doug Burgum, the Department of the Interior (DOI) has quickly moved to implement Sections 4 and 5 of President Trump’s 7 July Executive Order 14315 titled “Ending Market Distorting Subsidies for Unreliable,...more

WilmerHale

Emerging Trends in US Offshore Wind Energy Development

WilmerHale on

Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Nossaman LLP

Second-Ever Eagle Programmatic Take Permit Soon To Be Granted For California Wind Energy Facility

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On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program...more

Latham & Watkins LLP

US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act,...

Latham & Watkins LLP on

On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...more

Holland & Knight LLP

Fish and Wildlife Service Issues Draft 30-Year Programmatic Eagle Take Permit - Longer Permit Terms Welcome, But Certain Proposed...

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (Service) on May 6, 2016, issued a draft rule that would extend to 30 years the maximum life of permits authorizing the incidental take of bald and golden eagles pursuant to the federal Bald...more

Nossaman LLP

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

Nossaman LLP on

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Perkins Coie

Federal District Court Strikes Down Eagle Act Rule

Perkins Coie on

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

Latham & Watkins LLP

Federal Approval of Tule Wind Project Upheld in District Court on NEPA, Migratory Bird Act, and Bald & Golden Eagle Act Claims

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On March 25, 2014, in The Protect Our Communities Foundation et al. v. Jewell et al. , the US District Court for the Southern District of California issued a decision on a challenge to the Tule Wind Project and found in favor...more

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