You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
How a panther habitat became a battleground for the state’s environmental groups
About 27 miles inland from Florida’s southwestern coast sit three empty swaths of land among a sea of green. This undeveloped area represents both the future of Florida’s development and the culmination of a 20 year fight between the state’s environmentalists.
“What happens here will change the face of Collier County forever,” April Olson, a researcher at the Conservancy of Southwest Florida, told me.
Home to affluent Naples and its fast-growing population of retirees, the county recently approved plans for four new villages to be built in one of Florida’s last undeveloped areas, which is sandwiched between some of the state’s biggest and most important nature reserves. The region hasn’t enjoyed official protection, per se, but it has enjoyed a special status. But with almost half a million people having moved to Florida just last year, and more on the way, the county of 300,000 inhabitants and counting has decided to keep building.
Yet if this sounds like a typical story of developers versus environmentalists, it isn’t. Instead, it has become a unique point of tension among environmental groups in Florida. While one group believes it’s their responsibility to be a part of this conversation and help manage unavoidable development, the other side believes it’s their role to fight against it.
“I’m very surprised environmentalists are taking this pragmatic approach,” said Matthew Schwartz, executive director of the South Florida Wildlands Association. “This isn’t what environmentalists do.”
The result is a rift among the guardians of Florida’s wildlife.
The environmentalists all agree on what they’re trying to protect: the panthers. From a conservation perspective, the region has acted as a corridor for the state’s remaining endangered panthers, of which there are only 120-230 adults left in the wild, to travel.
The area is surrounded by protected nature reserves. To the north is a complex of wildlife, bird sanctuaries, and wetlands; to the northeast are two different wildlife management areas, and to the south is the Florida panther national wildlife refuge, another wildlife management area that is home to bears, a state forest, a state preserve, and a national preserve that ultimately extends into the Everglades.
“This area is a mosaic of habitat types that allows the panther to live,” said Schwartz. “What they are doing essentially fragmented those complexes from one another.”
But to understand how the area has become a battleground of environmentalist groups, you’ll first have to dive into the area’s weird regulatory history.
Get one great climate story in your inbox every day:
The villages being constructed amid this remarkably untouched land are the most recent outcome of a partnership between developers, land owners, and environmental groups. Called the Rural Lands Stewardship Area (RLSA) program, this partnership changed zoning over 20 years ago to allow for more dense development in exchange for environmental protections.
“At the end of the day, the RLSA is a compromise,” said Meredith Budd, who worked on this project when she was a policy director at the Florida Wildlife Federation. (She is now the director of external affairs for the Live Wildly Foundation.)
The RLSA was born way back in 1999, when then-Florida Governor Jeb Bush put a moratorium on development in Collier County. He claimed that urban sprawl in Naples, the state’s fastest growing city at the time, had gotten out of hand and that everyone needed to figure out a better solution for development that preserved agricultural lands and protected the environment.
When the RLSA was first discussed and proposed in 2002, most environmentalist groups, including the Conservancy of Southwest Florida, were on board. The battle that has emerged among these groups has its roots in some imprecise wording from the original proposal that almost tripled the amount of land that developers could build on.
The total area was — and still is — about 198,000 acres. Just over half of the acreage is protected nature reserves, with the rest mostly agricultural land available for development. But there’s a catch. Prior to the RLSA, the zoning only allowed for a single house, called a “ranchette,” to be built every five acres on the developable land. While some of these solitary homes exist today on farms, the majority of the area is still uninhabited, therefore serving as a wildlife corridor as well as porous land to absorb heavy rainfall or storm surges.
That’s where the RLSA was supposed to come in. Published in 2002, it proposed to change the allotment, swapping denser housing for more protected land. It indicated that 16,805 acres of the 98,000 available could be built on if developers earned allowances by restoring other land, although what would count as restoration was a little hazy. The language around these numbers was also very vague, critically leaving room to increase the amount of credits able to be earned and, subsequently, the acres developed. It ultimately increased the amount of land up for development to 45,000 acres. Many of the conservancies didn’t realize this change until the five-year review in 2007.
“We were supportive of RLSA,” said Olson. “But we believe the goals are not being met. The public was promised that 16,000 acres would be developed and that 91% of the area would be preserved.”
But those working with the RLSA think what’s done is done. “There’s no point in going back and figuring out what happened,” said Budd. “The allowable footprint is over 40,000 acres. We have to move forward and figure out whether wildlife connections can be made.”
The intent of the 1999 moratorium was to curb development for the benefit of conservation. The RLSA is still attempting to do that, but it’s a voluntary program, and much of the power lies with the landowners.
But in the past few years, Florida’s real estate market has boomed and land use planning regulations have been weakened. This combination made landowners restless to start building, more able to do so, and more impatient when it comes to making concessions to conservationists. Pro-RLSA environmentalists say playing hardball in negotiations with developers just won’t fly anymore.
“These organizations trying to save habitat by killing these programs aren’t helping, they’re making it worse,” said Elizabeth Fleming, a representative at Defenders of Wildlife, which supports the RLSA.
The four new villages, which are cumulatively known as “The Town of Big Cypress,” are only the most recent developments in the RLSA. The first, called Ave Maria, began building in 2005 but construction paused for a while after the recession. Big Cypress is one of the first cohesive plans out of the RLSA to keep building since then, but six more are in development. Though not nearly finished yet, the website for the Town of Big Cypress promises to fulfill all the expectations of the American dream. “Families strolling along storefronts with ice cream cones in hand … on-street parking for easy access to the hair salon, dog groomer, dry cleaner, and local grocer,” the website says. It promises happiness, community, convenience — even good weather and “responsible growth.”.
Today, both sides agree that no development would be the best way forward. “In a perfect world, I would love to see no more of it developed,” said Budd. “If I was Queen, I would say you no longer have property rights.”
Bradley Cornell, policy associate at the Audubon Society of the Western Everglades, helped make the RLSA a reality. “I’d much rather build a wall at the Georgia line and tell everyone to go home,” he said. “But we’re expected to get another 15 million people in Florida over the next 50 years. All of these people are moving to Florida. Where in the hell are we going to put them without ruining Florida’s nature?”
Between July 2021 and 2022, 444,500 people moved to Florida, according to the Tampa Bay Economic Council. Despite the increase in hurricanes and flooding and the decrease in affordable insurance, Florida is more popular than it has ever been.
Those in favor of the RLSA say that development is going to happen with or without them, and the RLSA allows them a platform to negotiate. “This is the best compromise we could have gotten,” Cornell said.
The primary benefit of the RLSA is that it offers a chance at higher density living with a potentially smaller ecological footprint. The pro-RLSA group, for example, has kept some developments from further encroaching on panther habitat. These conservationists have negotiated underpasses and fencing in three different areas to allow panthers and wildlife to cross roads without getting hit. They have also gotten the county to require bear proof trash cans, lowering lights to avoid light pollution, and smoke easements, which require new tenants to sign off on necessary controlled burns to maintain the environment for the panther preserve. From the Town of Big Cypress alone, the RLSA crediting system requires the developers to permanently preserve 12,000 acres. In this case, they will be restoring the hydrology of a major wetland nearby, according to Cornell.
“We’re just trying to have a seat at the table and ensure that we can get the best conservation outcomes knowing that the landowners have the rights to this land and are permitted to do whatever they want,” said Fleming.
The pro-RLSAers also pushed for more protections than they got. For 10 years, they fought for a Habitat Conservation Plan (HCP) that would have legally bound the landowners to certain conservation requirements, according to Budd. But pushback from the anti-RLSA groups slowed the process so much that eventually it wasn’t worth the landowners’ time and it was withdrawn in August 2022. Those against the RLSA had many qualms with the HCP and don’t see its withdrawal as a loss.
The other arguments against the RLSA are plentiful.
The anti-RLSA group contends that any development will harm the panthers. “This project would be the nail in the coffin of the panthers,” said Olson.
This side of the debate also thinks that the zoning rules that predated the RLSA, which previously allowed for ranchettes every five acres, were highly unlikely to practically result in development. They argue that implementing the road infrastructure required for such scattered housing would be prohibitively expensive, suggesting that if the RLSA hadn’t been proposed, this area would have been left untouched.
“It’s highly unlikely that they would come in and build five-acre ranchettes,” said Olson. “They would need thousands of miles of new roads. One new 100 mile road was calculated to cost $111 million in 2015.”
Schwartz agreed. “This is completely unpopulated, undeveloped rural land,” he said. “People don’t want to buy a swath of rural land and move into undeveloped lands.”
But pro-RLSA environmentalists think that perspective is naive. “That’s a false argument,” says Fleming. “It’s based in no reality. People are moving here and that area is the least expensive if you want to be near Naples. I see no reason why that wouldn’t continue.”
Budd added that money is not a concern in this area. “Collier County is one of the highest wealth points in the state, if not the whole country,” she said. “So to say this would be too expensive is unreasonable.”
Another area in between Naples and the RLSA, called Golden Gate Boulevard, had the same one-in-five zoning restrictions as the RLSA and has been heavily developed in the last 10 years.
The RLSA plan also does not seem to be taking the changing climate into account. According to Olson, 96% of Collier County is susceptible to storm surge. The inland parts aren’t as vulnerable, but there is still a high threat and the area’s porosity would be lost with these developments. In addition, the RLSA will experience 109 days where the heat index is above 100 degrees Fahrenheit in 2023, and 138 in 2053, according to The Washington Post’s interactive map on heat waves.
County Commissioner Bill McDaniel said that climate change was not a concern in the process of developing The Town of Big Cypress. “There are no stipulations with regard to climate change because it’s such a nebulous discussion point,” he said.
Though the commissioner agreed that many climate-friendly technologies are comparable, if not less expensive to purchase and maintain, the RLSA does not require developers to install permeable concrete, heat pumps, special shade trees for temperature, or solar panels on the houses.
“We recommended numerous policies that would encourage more energy efficient homes and appliances, improve permeability of sidewalks, require complete street designs that all users can use, ease traffic congestion, increase Florida friendly plants that require less water, include stipulations for storm water runoff, etc.” said Olson. “They just ignored it. I have not once heard the County even discuss heat issues or climate issues.”
Budd said that the choice to build inland in itself is a climate-conscious decision. “When looking at this long term and the threats of climate change, the main threat is that people will be moving inland,” she said. “Where we put the development is the most important thing.”
One of the biggest landowners in the area, named for the county’s namesake, Collier Enterprises, echoed Budd’s sentiment in emailed responses. “The Town of Big Cypress is 19 miles from the coast, similar to Babcock Ranch, which did not sustain damage from the recent Hurricane Ian, having one of the largest reported storm surges ever recorded.” He added that most of the national buildings in the area provide options for energy efficiency and smart home technology
Though both sides have very different ideas of how to be involved in development, they are both aware that development is coming to Eastern Collier County and share the same ultimate desires for the region.
“We do know that the RLSA is going to grow,” said Olson. “We know that Collier County is going to grow. We just think it could be done more sustainably.”
Environmentalists everywhere are grappling with how to best save the last bastion of the lands and animals that sustain us. Depending on which side you take in the RLSA fight, it has become a question of cynicism versus hope or pragmatism versus pipe dreams.
Those against the RLSA are still championing its original goal: to preserve the environment and to curb excessive development. “The goal of the program wasn’t to allow each and every landowner to maximize their profit to the greatest extent,” said Nicole Johnson, Director of Governmental Relations at the Conservancy of Southwest Florida.
The other side has committed to pragmatism. “At the end of the day, the dollar speaks,” said Budd. “And unfortunately it speaks louder than the voices against the project.”
As regulations recede in Florida, the RLSA disagreement signals a philosophical choice environmentalists will increasingly have to make: If we can’t beat them, should we join them?
Read more about Florida:
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Governors, legislators, and regulators are all mustering to help push clean energy past the starting line in time to meet Republicans’ new deadlines.
Trump’s One Big Beautiful Bill Act put new expiration dates on clean energy tax credits for business and consumers, raising the cost of climate action. Now some states are rushing to accelerate renewable energy projects and get as many underway as possible before the new deadlines take effect.
The new law requires wind and solar developers to start construction by the end of this year in order to claim the full investment or production tax credits under the rules established by the Inflation Reduction Act. They’ll then have at least four years to get their project online.
Those that miss the end-of-year deadline will have another six months, until July 4, 2026, to start construction, but will have to meet complicated sourcing restrictions on materials from China. Any projects that get off the ground after that date will face a severely abbreviated schedule — they’ll have to be completed by the end of 2027 to qualify, an all-but-impossibly short construction timeline.
Adding even more urgency to the time crunch, President Trump has directed the Treasury Department to revise the rules that define what it means to “start construction.” Historically, a developer could start construction simply by purchasing key pieces of equipment. But Trump’s order called for “preventing the artificial acceleration or manipulation of eligibility and by restricting the use of broad safe harbors unless a substantial portion of a subject facility has been built,” an ominous sign for those racing to meet already accelerated deadlines.
While the changes won’t suppress adoption of these technologies entirely, they will slow deployment and make renewable energy more expensive than it otherwise would have been. Some states that have clean energy goals are trying to lock in as much subsidized generation as they can to lessen the blow.
There are two ways states can meet the moment, Justin Backal Balik, the state program director at the nonprofit Evergreen Action, told me. Right now, many are trying to address the immediate crisis by helping to usher shovel-ready projects through regulatory processes. But states should also be thinking about how to make projects more economical after the tax credits expire, Balik said. “Green states can play a role in tilting the scale slightly back in the direction of some of the projects being financially viable,” he said, “even understanding that they’re not going to be able to make up all of the lost ground the incentives provided.”
In the first category, Colorado Governor Jared Polis sent a letter last week to utilities and independent power producers in the state committing to use “all of the Colorado State Government to prioritize deployment of clean energy projects.”
“Getting this right is of critical importance to Colorado ratepayers,” Polis wrote. The nonprofit research group Energy Innovation estimates that household energy expenses in Colorado could be $170 higher in 2030 than they would have been because of OBBB, and $310 higher in 2035. “The goal is to integrate maximal clean energy by securing as much cost-effective electric generation under construction or placed in service as soon as possible, along with any necessary electricity balancing resources and supporting infrastructure,” Polis continued.
As for how he plans to do that, he said the state would work to “eliminate administrative barriers and bottlenecks” for renewable energy, promising faster state reviews for permits. It will also “facilitate the pre-purchase of project equipment,” since purchasing equipment is one of the key steps developers can take to meet the tax credit deadlines.
Other states are looking to quickly secure new contracts for renewable energy. In mid-July, two weeks after the reconciliation bill became law, utility regulators in Maine moved to rapidly procure nearly 1,600 gigawatt-hours of wind and solar — for context, that’s about 13% of the total energy the state currently generates. They gave developers just two weeks to submit proposals, and will prioritize projects sited on agricultural land that has been contaminated with per- and polyfluoroalkyl substances, the chemicals known as PFAS. (When asked how many applications had been submitted, the Maine Public Utilities Commission said it doesn't share that information prior to project selection.)
Connecticut’s Department of Energy and Environmental Protection is eyeing a similar move. During a public webinar in late July, the agency said it was considering an accelerated procurement of zero-carbon resources “before the tax increase takes effect.” The office put out a request for information to renewable energy developers the next day to see if there were any projects ready to go that would qualify for the tax credits. Officials also encouraged developers to contact the agency’s concierge permit assistance services if they are worried about getting their permits on time for tax credit eligibility. Katie Dykes, the agency’s commissioner, said during the presentation that the concierge will engage with permit staff to make sure there aren’t incomplete or missing documents and to “ensure smooth and efficient review of projects.”
New York’s energy office is planning to do another round of procurement in September, the outlet New York Focus has reported, although the solicitation is late — it had originally been scheduled for June. The state has more than two dozen projects in the pipeline that are permitted but haven’t yet started construction, according to Focus, and some of them are waiting to secure contracts with the state.
Others are simply held up by the web of approvals New York requires, but better coordination between New York agencies may be in the works. “I assembled my team immediately and we are trying to do everything we can to expedite those [renewable energy projects] that are already in the pipeline to get those the approvals they need to move ahead,” Governor Kathy Hochul said during a rally at the State University of New York’s Niagara campus last week. The state’s energy research and development agency has formed a team “to help commercial projects quickly troubleshoot and advance towards construction,” according to the nonprofit Evergreen Action. (The agency did not respond to a request for more information about the effort.)
States and local governments are also planning to ramp up marketing of the consumer-based credits that are set to expire. Colorado, for example, launched a new “Energy Savings Navigator” tool to help residents identify all of the rebate, tax credit, and energy bill assistance programs they may be eligible for.
Consumers have even less time to act than wind and solar developers. Discounts for new, used, and leased electric vehicles will end in less than two months, on September 30. Homeowners must install solar panels, batteries, heat pumps, and any other clean energy or efficiency upgrades before the end of this year to qualify for tax credits.
Many states offer additional incentives for these technologies, and some are re-tooling their programs to stretch the funding. Connecticut saw a rush of demand for its electric vehicle rebate program, CHEAPR, after the OBBB passed. Officials decided to slash the subsidy from $1,500 to $500 as of August 1, and will re-assess the program in the fall. “The budget that we have for the CHEAPR program is finite,” Dykes said during the July webinar. “We are trying to be good stewards of those dollars in light of the extraordinary demand for EVs, so that after October 1 we have the best chance to be able to provide an enhanced rebate, to lessen the significant drop in the total level of incentives that are available for electric vehicles.”
As far as trying to address the longer-term challenges for renewables, Balik highlighted Pennsylvania Governor Josh Shapiro’s proposal to streamline energy siting decisions by passing them through a new state board. “One of the big things states can do is siting reform because local opposition and lawsuits that drag forever are a big drag on costs,” Balik told me.
A bill that would create a Reliable Energy Siting and Electric Transition Board, or RESET Board, is currently in the Pennsylvania legislature. (New York State took similar steps to establish a renewable siting office to speed up deployment in 2020, though so far it’s still taking an average of three years to permit projects, down from four to five years prior to the office’s establishment.) Connecticut officials also discussed looking at ways to reduce the “soft costs” of permitting and environmental reviews during the July webinar.
Balik added that state green banks can also play a role in helping projects secure more favorable financing. Their capacity to do so will be significantly higher if the courts force the federal government to administer the Greenhouse Gas Reduction Fund.
When it comes to speeding up renewable energy deployment, there’s at least one big obstacle that governors have little control over. Wind and solar projects need approval from regional transmission operators, the independent bodies that oversee the transmission and distribution of power, to connect to the grid — a notoriously slow process. The lag is especially long in the PJM Interconnection, which governs the grid for 13 mid-Atlantic States, and has generally favored natural gas over renewables. But governors are starting to turn up the pressure on PJM to do better. In mid July, Shapiro and nine other governors demanded PJM give states more of a say in the process by allowing them to propose candidates for two of PJM’s board seats.
“Can we use this moment of crisis to really impress the urgency of getting some of these other things done — like siting reforms, like interconnection queue fixes, that are all part of the economics of projects,” Balik asked. These steps may help, but lengthy federal permitting processes remain a hurdle. While permitting reform is a major bipartisan priority in Congress, as my colleague Matthew Zeitlin wrote recently, a deal that’s good for renewables might require an about-face from the president on wind and solar.
The Danish government is stepping in after U.S. policy shifts left the company’s New York offshore wind project in need of fresh funds.
Orsted is going to investors — including the Danish government — for money it can’t get for its wind projects, especially in the troubled U.S. offshore wind market.
The Danish developer, which is majority owned by the Danish government, told investors on Monday that it would seek to raise over $9 billion, about half its valuation before the announcement, by selling shares in the company.
Publicly traded companies do not typically raise money by selling stock, which is more expensive for the company, tending instead to finance specific projects or borrow money.
But the offshore wind business is not any industry.
In normal times, Orsted and other wind developers will conduct “farm-downs,” selling stakes in projects in order to help finance the next ones. Due to “recent material adverse development in the U.S. offshore wind market,” however, the early-morning announcement said, “it is not possible for the company to complete the planned partial divestment and associated non-recourse project financing of its Sunrise Wind offshore wind project on the terms which would provide the required strengthening of Orsted’s capital structure” — a long way of explaining that it can’t find a buyer at an acceptable price. Hence the new equity.
While the market had been expecting Orsted to raise capital in some form, the scale of the raise is about twice what was anticipated, according to Bloomberg’s Javier Blas.
About two-thirds of the stock sale will be used to continue financing Sunrise Wind, a 924-megawatt planned offshore wind project off the coast of Long Island, according to Morgan Stanley analysts. Construction began last summer, just days after Orsted took full ownership of the project by buying out a stake held by the utility Eversource.
Despite all the sound and fury around offshore wind in the United States, the company said in its earnings report, also released Monday, that “we successfully installed the first foundations at Sunrise Wind, following completion of the wind turbine foundation installation at Revolution Wind,” a 704-megawatt project off the coasts of Rhode Island and Connecticut. “Construction of our offshore U.S. assets is progressing as expected and according to plan,” the company said.
But the report also said Orsted took a hit of over a billion Danish kroner in the first half of this year due to tariffs and what it gingerly refers to as “other regulatory changes, particularly affecting the U.S.,” a.k.a. President Donald Trump.
The president and his appointees have been on a regulatory and financial campaign against the wind sector, especially offshore wind, attempting to halt work on another in-construction New York project, Empire Wind, before Governor Kathy Hochul was able to reach a deal to continue. All future lease sales for new offshore wind areas have been canceled.
Even before Trump came back into office, the offshore wind industry in the U.S. had been hammered by high interest rates, which raised the cost of borrowed money necessary to fund projects, and spiraling supply chain costs and project delays, which also increased the need for the more expensive financing.
“Because of the sharp rise in construction costs and interest rates since 2021, all the projects turned out to be value-destructive,” Morningstar analyst Tancrede Fulop wrote in a note about the Orsted share issue. The company took large losses on scuttled projects in the U.S. and already cancelled its dividend and announced a plan to partially divest many other projects in order to shore up its balance sheet and fund future projects.
While the start-and-stop Empire Wind project belongs to Equinor, Orsted’s Scandinavian neighbor (majority-owned by the Norwegian government), Orsted management told analysts on its conference call that “the issues surrounding Empire Wind's stop-work order from April 2025 had negatively impacted financing conditions for Sunrise,” according to Jefferies analyst Ahmed Furman.
Equinor, too, has had to take a bigger share of Empire Wind, buying out the stake held by BP in January of this year. BP had bought 50% stakes in three Equinor wind projects in 2020, but last year wrote down its investment in the offshore wind sector in the U.S. by over $1 billion.
Why could Orsted not simply pull out of Sunrise Wind? “Orsted and our industry are in an extraordinary situation with the adverse market development in the U.S. on top of the past years’ macroeconomic and supply chain challenges,” Rasmus Errboe, who took over as the company’s chief executive earlier this year, said in a statement. “To deliver on our business plan and commitments in this environment, we’ve concluded that a rights issue is the best solution for Orsted and our shareholders.”
The Danish government will maintain its 50.1% stake in the company, putting the small Scandinavian country with its low-boiling trade and territorial conflicts against the Trump administration in direct capitalist conflict with the American president and his least favorite form of electricity generation.
In the immediate wake of the announcement, Jefferies analyst Ahmed Farman wrote to clients that the deal would “obviously de-risk the [balance sheet], but near-term dilution risk seems substantial,” citing the unexpected magnitude of the raise and no sign pointing to new growth. “As a result, we expect the initial stock reaction to be quite negative.”
And so it has been: The stock closed down almost 30%, its biggest-ever single-day drop and below the price at which it went public in 2016, according to Bloomberg data.
A new letter sent Friday asks for reams of documentation on developers’ compliance with the Bald and Golden Eagle Protection Act.
The Fish and Wildlife Service is sending letters to wind developers across the U.S. asking for volumes of records about eagle deaths, indicating an imminent crackdown on wind farms in the name of bird protection laws.
The Service on Friday sent developers a request for records related to their permits under the Bald and Golden Eagle Protection Act, which compels companies to obtain permission for “incidental take,” i.e. the documented disturbance of eagle species protected under the statute, whether said disturbance happens by accident or by happenstance due to the migration of the species. Developers who received the letter — a copy of which was reviewed by Heatmap — must provide a laundry list of documents to the Service within 30 days, including “information collected on each dead or injured eagle discovered.” The Service did not immediately respond to a request for comment.
These letters represent the rapid execution of an announcement made just a week ago by Interior Secretary Doug Burgum, who released a memo directing department staff to increase enforcement of the Bald and Golden Eagle Protection Act “to ensure that our national bird is not sacrificed for unreliable wind facilities.” The memo stated that all permitted wind facilities would receive records requests related to the eagle law by August 11 — so, based on what we’ve now seen and confirmed, they’re definitely doing that.
There’s cause for wind developers, renewables advocates, and climate activists to be alarmed here given the expanding horizon of enforcement of wildlife statutes, which have become a weapon for the administration against zero-carbon energy generation.
The August 4 memo directed the Service to refer “violations” of the Bald and Golden Eagle Protection Act to the agency solicitor’s office, with potential further referral to the Justice Department for criminal or civil charges. Violating this particular law can result in a fine of at least $100,000 per infraction, a year in prison, or both, and penalties increase if a company, organization, or individual breaks the law more than once. It’s worth noting at this point that according to FWS’s data, oil pits historically kill far more birds per year than wind turbines.
In a statement to Heatmap News, the American Clean Power Association defended the existing federal framework around protecting eagles from wind turbines, noted the nation’s bald eagle population has risen significantly overall in the past two decades, and claimed golden eagle populations are “stable, at the same time wind energy has been growing.”
“This is clear evidence that strong protections and reasonable permitting rules work. Wind and eagles are successfully co-existing,” ACP spokesperson Jason Ryan said.