Harmonizing Commercial Wind Power and the Endangered Species Act through Administrative Reform
J. B. Ruhl
Vanderbilt University - Law School
May 29, 2012
Vanderbilt Law Review , Vol 65:6
Vanderbilt Public Law Research Paper No. 12-21
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a “green pass” under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA programs centered on facilitating business risk management in renewable energy infrastructure projects.
Number of Pages in PDF File: 32
Keywords: wind power, renewable energy, Endangered Species ActAccepted Paper Series
Date posted: May 30, 2012 ; Last revised: November 27, 2012
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