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Spotlight

A Lawsuit Over Eagle Deaths Could Ensnare More Wind Farms

Activists are suing for records on three projects in Wyoming.

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Donald Trump, an eagle, and wind turbines.
Heatmap Illustration/Getty Images

Three wind projects in Wyoming are stuck in the middle of a widening legal battle between local wildlife conservation activists and the Trump administration over eagle death records.

The rural Wyoming bird advocacy group Albany County Conservancy filed a federal lawsuit last week against the Trump administration seeking to compel the government to release reams of information about how it records deaths from three facilities owned and operated by the utility PacifiCorp: Dunlap Wind, Ekola Flats, and Seven Mile Hill. The group filed its lawsuit under the Freedom of Information Act, the national public records disclosure law, and accused the Fish and Wildlife Service of unlawfully withholding evidence related to whether the three wind farms were fully compliant with the Bald and Golden Eagle Protection Act.

I’m eyeing this case closely because it suggests these wind farms may fall under future scrutiny from the Fish and Wildlife Service, either for prospective fines or far worse, as the agency continues a sweeping review of wind projects’ compliance with BGEPA, a statute anti-wind advocates have made clear they seek to use as a cudgel against operating facilities. It’s especially noteworthy that a year into Trump’s term, his promises to go after wind projects have not really touched onshore, primarily offshore. (The exception, of course, being Lava Ridge.)

Violating the eagle protection statute has significant penalties. For each eagle death beyond what FWS has permitted, a company is subject to at least $100,000 in fines or a year in prison. These penalties go up if a company is knowingly violating the law repeatedly. In August, the Service sent letters to wind developers and utilities across the country requesting records demonstrating compliance with BGEPA as part of a crackdown on wind energy writ large.

This brings us back to the lawsuit. Crucial to this case is the work of a former Fish and Wildlife Service biologist Mike Lockhart, whom intrepid readers of The Fight may remember for telling me that he’s been submitting evidence of excessive golden eagle deaths to Fish and Wildlife for years. Along with its legal complaint, the Conservancy filed a detailed breakdown of its back-and-forth with Fish and Wildlife over an initial public records request. Per those records, the agency has failed to produce any evidence that it received Lockhart’s proof of bird deaths – ones that he asserts occurred because of these wind farms.

“By refusing to even identify, let alone disclose, obviously responsive but nonexempt records the Conservancy knows to be in the Department’s possession and/or control, the Department leaves open serious questions about the integrity of its administration of BGEPA,” the lawsuit alleges.

The Fish and Wildlife Service did not respond to a request for comment on the case, though it’s worth noting that agencies rarely comment on pending litigation. PacifiCorp did not immediately respond to a request either. I will keep you posted as this progresses.

Yellow

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Hotspots

One Wind Farm Dies in Kansas, Another One Rises in Massachusetts

Plus more of the week’s top fights in data centers and clean energy.

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The United States.
Heatmap Illustration/Getty Images

1. Osage County, Kansas – A wind project years in the making is dead — finally.

  • Steelhead Americas, the developer behind the Auburn Harvest Wind Project, announced this month that it would withdraw from its property leases due to an ordinance that outright bans wind and solar projects. The Heatmap Pro dashboard lists 34 counties in Kansas that currently have restrictive ordinances or moratoria on renewables, most of which affect wind.
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2. Franklin County, Missouri – Hundreds of Franklin County residents showed up to a public meeting this week to hear about a $16 billion data center proposed in Pacific, Missouri, only for the city’s planning commission to announce that the issue had been tabled because the developer still hadn’t finalized its funding agreement.

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Q&A

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Talking with Climate Power senior advisor Jesse Lee.

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Jesse Lee.
Heatmap Illustration

For this week's Q&A I hopped on the phone with Jesse Lee, a senior advisor at the strategic communications organization Climate Power. Last week, his team released new polling showing that while voters oppose the construction of data centers powered by fossil fuels by a 16-point margin, that flips to a 25-point margin of support when the hypothetical data centers are powered by renewable energy sources instead.

I was eager to speak with Lee because of Heatmap’s own polling on this issue, as well as President Trump’s State of the Union this week, in which he pitched Americans on his negotiations with tech companies to provide their own power for data centers. Our conversation has been lightly edited for length and clarity.

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Spotlight

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The proportion of voters who strongly oppose development grew by nearly 50%.

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A data center and houses.
Heatmap Illustration/Getty Images

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New polling from energy intelligence platform Heatmap Pro shows just how dramatically and swiftly American voters are turning against data centers.

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