Federal Court Halts Eagle Take Rule

Federal Court Halts Eagle Take Rule

The U.S. District Court for Northern California in San Jose ruled against the U.S. Fish and Wildlife Service (FWS) on August 11 stating that they should have conducted a National Environmental Policy Act review before finalizing their new 30-year take policy for bald and golden eagles. The 30-year incidental take rule for eagles was finalized in December 2013. Previous FWS rules authorized 5-year incidental take permits, however the wind industry had argued the 5-year permits were not long enough to secure funding for projects that typically operate for 20 to 30 years. In striking down the rule Judge Lucy Koh 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? The FWS has failed to show an adequate basis in the record for deciding not to prepare an [Environmental Impact Statement] ? much less an [Environmental Assessment] ? prior to increasing the maximum duration for programmatic eagle take permits by sixfold." The court decision invalidates the rule.

The American Bird Conservancy filed the lawsuit in June 2014 alleging NEPA, Bald and Golden Eagle Protection Act and Endangered Species Act violations. "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."

August 15, 2015