As we discussed in this alert, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) on April 26, 2013. Intended to promote compliance with the Bald and Golden Eagle Protection Act (BGEPA) for wind development projects that have the potential to affect bald and golden eagles, the ECP Guidance provides specific in-depth guidance for conserving eagles in the course of siting, constructing, and operating wind energy facilities.

The industry norm prior to the FWS’s release of the ECP Guidance was to not pursue Eagle Take Permits (due, in part, to the 5-year term limitation in the 2009 final rule and in anticipation of the 30-year permit rule). Now that the ECP Guidance is in place, however, there is increased scrutiny on BGEPA compliance issues and the FWS has become more assertive in its efforts to persuade wind developers to apply for Eagle Take Permits. Meanwhile, the prediction that the FWS’s 30-year permit rule is imminent seems less likely. As such, we are now advising our clients to reassess their BGEPA compliance strategies to account for what appears to be a “new normal” in BGEPA compliance. If you would like more information on this issue, please contact Barb Craig at (503) 294-9166 or Sarah Stauffer Curtiss at (503) 294-9829.

Photo of Sarah Stauffer Curtiss Sarah Stauffer Curtiss

Sarah Stauffer Curtiss helps clients understand and comply with environmental and land use laws, navigate complex permitting processes, and develop compliance solutions that enhance business opportunities. On Oregon land use matters, Sarah helps clients secure permits from local governments. She has worked with…

Sarah Stauffer Curtiss helps clients understand and comply with environmental and land use laws, navigate complex permitting processes, and develop compliance solutions that enhance business opportunities. On Oregon land use matters, Sarah helps clients secure permits from local governments. She has worked with city and county planning departments throughout Oregon, and regularly represents clients before local governing bodies and the Oregon Land Use Board of Appeals. She also represents energy and utility clients on permitting and compliance matters related to project development and expansion through the Oregon Energy Facility Siting Council (EFSC). Her federal environmental expertise covers a myriad of environmental laws.

Click here for Sarah Stauffer Curtiss’ full bio.