The Charter for the U.S. Department of the Interior (“DOI”) Wind Turbine
Guidelines Advisory Committee (the “Committee”) directs the Committee
to provide advice and recommendations to the Secretary of the Interior
(the “Secretary”) concerning wind turbine guidelines that “avoid and
minimize impacts to wildlife and their habitat related to land-based wind
energy facilities.” The Charter describes the authority of the Committee to
act in furtherance of the Migratory Bird Treaty Act (“MBTA”),1 the Bald and
Golden Eagle Protection Act (“BGEPA”),2 the Endangered Species Act
(“ESA”),3 and the National Environmental Policy Act (“NEPA”).4 The
Charter also directs the Committee to consider wildlife impacts, costs of
information acquisition, scientific approaches, and compliance with
State and Federal laws. In order to assist the Committee with regard to
these directives, the Legal Subcommittee has prepared and the full
Committee has unanimously adopted5 this memorandum summarizing:
(1) the authority under the above-noted environmental laws to protect
wildlife and habitat and regulate the impacts of land-based wind energy
facilities; (2) the consequences of noncompliance with these laws; and
(3) the means by which a person or entity may avoid or reduce liability
and avoid, minimize, and mitigate adverse effects on wildlife or habitat
under these laws.
Published By:
U.S. Department of the Interior
