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Lawsuit: Extending eagle death permits illegal

Published on NewsOK Modified: June 19, 2014 at 2:06 pm •  Published: June 19, 2014
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WASHINGTON (AP) — A conservation group sued the Obama administration Thursday over a new federal rule that allows wind-energy companies to seek approval to kill or injure eagles for 30 years.

The American Bird Conservancy argues that the rule, which extended by 25 years the length of time companies may kill or injure eagles without fear of prosecution, is illegal because the U.S. Fish and Wildlife Service failed to evaluate the consequences and ensure it would not damage eagle populations. The Obama administration classified the rule as an administrative change, excluding it from a full environmental review.

"In the government's rush to expand wind energy, shortcuts were taken in implementing this rule that should not have been allowed," said Michael Hutchins, the national coordinator of the conservancy's wind energy program.

Under President Barack Obama, wind energy has exploded as a pollution-free energy source that can help reduce the gases blamed for global warming. But it is not without environmental costs.

An AP investigation last year documented dozens of eagle deaths at wind farms, findings later confirmed by federal biologists. Each one is a violation of federal law, but the Obama administration to date has prosecuted only one company, Duke Energy Corp., for killing 14 eagles and 149 other birds at two Wyoming wind farms.

The wind energy industry sought the change to reduce its liability.

The industry said the rule helps protect eagles because, in exchange for legal protection for the lifespan of wind farms and other projects, companies obtaining permits would be required to make efforts to avoid killing protected birds.

"This rule appropriately balances wildlife conservation with the realities of the private sector," said John Anderson, director of siting policy at the American Wind Energy Association. Anderson said the 30-year timeframe was similar to permits granted for endangered species. Eagles are not endangered.

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