Legalectric

A wind energy company has pleaded guilty after killing at least 150 eagles

What’s really odd about this is that most of the projects that I’ve been dealing with in permitting have secured eagle take permits — I thought. In this case, NextEra seems as a policy not to have take permits. HUH?

I am remembering resistance to developers answering questions about eagle take permits, and I think that it comes down to whether USFWS requires them to get one.

Here’s USFWS info on eagle permits here in the Midwest – it appears that there are only three eagle take permits issued for Minnesota wind projects, Red Pine, Getty/Black Oak, and Pleasant Valley/Grand Meadow:

Midwest Region- NEPA Documents for Eagle Permits

This seems to say that there are only FIVE eagle take permits? Here’s the application for one project that I’d worked on:

Black Oak/Getty Wind Farm Eagle Take Permit Application

For the Freeborn Wind project, we entered information about locations of nests and photos of eagles foraging, nests and foraging territory being, supposedly, two criteria examined in siting of wind projects and consideration of need for take permits:

See Freeborn Wind ALJ Recommendation, and search for “eagle” in the Recommendation.

Methinks this will have significant impact, but sentencing a company to probation — but how does that work?

Just filed… Walleye Neighbors in Minnesota and South Dakota Comments on the Walleye Wind Draft Site Permit. Now it’s time for a nap!

And from NextEra/Grant County Solar, LLC:

Better get this Rebuttal Testimony posted, as it’s almost time for Surrebuttal Testimony! To look at all the filings in the Grant County Solar docket GO HERE TO PSC DOCKET LOOK-UP and search for docket 9804-CE-100.

Grant County Intervenors Rebuttal Testimony:

NextEra Rebuttal Testimony:

Public Service Commission Staff Rebuttal Testimony – NONE!

Dept. of Natural Resources Rebuttal Testimony – NONE!

RENEW Wisconsin Rebuttal Testimony

Last month, both Invenergy and NextEra had issued Notice of Force Majure:

Solar Force Majeure in WI – Coronavirus February 26th, 2020

Then NextEra cancelled its notice, and apparently plans to move forward with the Two Creeks project.

Here’s a recent industry blurb about the impacts, mentioning Badger Hollow solar and the rush to get projects in the ground before the tax credit and subsidies deadline, and trying to get perks in the COVID relief bill:

U.S. wind, solar industries plead for “tweaks” to coronavirus stimulus to keep projects alive

From the article:

Developer Invenergy LLC also issued a force majeure notice on its 300 megawatt (MW) Badger Hollow solar project in Wisconsin, according to a regulatory filing, citing the potential impact of factory shutdowns and travel restrictions on its suppliers and contractors. A spokeswoman for Invenergy declined to comment.