On August 4, 2025, U.S. Department of Interior Deputy Chief of Staff-Policy Gregory Wischer issued a memorandum directing the U.S. Fish and Wildlife Service to take multiple actions related to the Service’s eagle permitting program under the Bald and Golden Eagle Protection Act (BGEPA). The memo, which was posted to X by Interior Secretary Doug Bergum, invokes prior executive orders targeting the wind energy industry, including Executive Order 14315, “Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources,” and outlines a series of actions the Service must take to ensure compliance with those orders and BGEPA and its implementing regulations.
Specifically, the memo directs the Service to “refer [BGEPA violations] to the Solicitor’s Office for its review and, where appropriate, referral to the U.S. Department of Justice for criminal and/or civil penalties.” The memo also directs the Service to evaluate whether the specific and general eagle incidental take permits available to wind energy projects are “compatible with the requirements and intent of [BGEPA].”
Additionally, the memo directs the Service to take the following specific actions within the next month:
- Request records of all permitted activities conducted by wind energy projects within 7 days of the memo.
- Determine whether wind energy projects have complied with all reporting requirements within 14 days of the memo.
- Complete a review of permit applications for wind energy projects to determine whether they meet the requirements under the applicable permit criteria within 30 days of the memo.
While the full implications of this memo are still unclear, the memo provides a clear signal to wind energy operators that increased enforcement activities may be on the horizon. For questions about how this memo might impact your projects, please contact Sarah Stauffer Curtiss or Per Ramfjord.