Harmonizing Distributed Energy and the Endangered Species Act
San Diegao Journal of Climate & Energy Law, Vol. 4 121, 2012-13
19 Pages Posted: 26 Nov 2012 Last revised: 26 Sep 2013
Date Written: November 26, 2012
At the risk of making a mountain out of a molehill, this Article suggests that the Endangered Species Act could present complications for the rapid and widespread deployment of distributed energy generation. But with some proactive effort on the part of the federal and interested state and local governments, such complications are unnecessary and could amount to no more than a molehill after all. Part I opens by framing the distributed energy problem for the ESA, showing how the proliferation of distributed energy facilities can present ESA compliance issues and how traditional ESA compliance solutions do not work well in that context. Part II of the Article explores compliance solutions the FWS could implement for distributed energy administratively, without need of legislative reform of the ESA. By providing low cost, expeditious compliance security and stability for distributed energy, the FWS can proactively fulfill the ESA’s goals and promote a better energy future for all species.
Keywords: Endangered Species Act, renewable energy, distributed energy, cumulative impacts
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