Bald and golden eagles victorious: Court invalidates 30-year "Eagle Take" rule
The U.S. District Court, Northern District of California, in San Jose has ruled that the Department of the Interior violated federal laws when it created a final regulation allowing wind energy and other companies to obtain 30-year permits to kill protected Bald and Golden Eagles without prosecution by the federal government. The court decision invalidates the rule.
American Bird Conservancy (ABC), a plaintiff in the lawsuit, hailed the decision. “We are pleased that the courts agreed with us that improper shortcuts were taken in the development of this rule,” said Dr. Michael Hutchins, Director of ABC's Bird Smart Wind Energy Program. “The court found that important laws meant to protect our nation's wildlife were not properly followed by the U.S. Fish and Wildlife Service, putting Bald and Golden Eagles at greater risk.”
The court wrote: “… substantial questions are raised as to whether the Final 30-Year Rule may have a significant adverse effect on bald and golden eagle populations.”
In particular, the courts cited a lack of compliance with the National Environmental Protection Act (NEPA). "We're ready to work with the U.S. Fish and Wildlife Service to conduct the required NEPA analysis and formulate a better system to protect eagles from poorly-sited wind energy projects,” said Hutchins. “We must come up with a better system to assess the potential risks to birds and bats prior to a project's siting and construction and to track and mitigate project impacts post-construction.”
http://www.windaction.org/posts/43211-bald-and-golden-eagles-victorious-court-invalidates-30-year-eagle-take-rule#.VczPFp1Viko
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