Wind Power, Wildlife and the Migratory Bird Treaty Act: A Way Forward

Author(s): 
Lilley, Meredith Blaydes.
University of Delaware - College of Marine and Earth Studies
Center for Carbon Free Power Generation
Publication Date: 
2008

ENVIRONMENTAL LAW [Vol. 38:1167
The “challenges facing wind energy remain both substantial and complex.Wildlife impacts
serve as one such obstacle for the wind industry, and as wind power expands in the United
States, so too do concerns about the impact of wind farms on avian and bat species.
In Part II we discuss anthropogenic effects on avian and bat species with particular emphasis
on wind turbines. In Part III, we provide a broad overview of the U.S. wildlife laws most pertinent
to the conservation of bats and migratory birds, before moving on to Part IV, where we provide
a detailed account of the legislative history and judicial interpretation of liability for incidental take
under the Migratory Bird Treaty Act (MBTA). In Part V, we broaden our view and consider the take
of migratory birds by wind turbines in context—that is, we compare the effects of wind turbines on
wildlife to the impacts caused by other means of electricity generation.
Finally, in Part VI, we suggest a way forward.

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