Department of the Interior Wind Turbine Guidelines Advisory Committee

Published By U.S. Department of the Interior

• Published October 2008
• 23 Page(s)

The Charter for the U.S. Department of the Interior (“DOI”) Wind Turbine Guidelines Advisory Committee (the “Committee”) directs the Committee to provide advice and recommendations to the Secretary of the Interior (the “Secretary”) concerning wind turbine guidelines that “avoid and minimize impacts to wildlife and their habitat related to land-based wind energy facilities.” The Charter describes the authority of the Committee to act in furtherance of the Migratory Bird Treaty Act (“MBTA”),1 the Bald and Golden Eagle Protection Act (“BGEPA”),2 the Endangered Species Act (“ESA”),3 and the National Environmental Policy Act (“NEPA”).4 The Charter also directs the Committee to consider wildlife impacts, costs of information acquisition, scientific approaches, and compliance with State and Federal laws. In order to assist the Committee with regard to these directives, the Legal Subcommittee has prepared and the full Committee has unanimously adopted5 this memorandum summarizing: (1) the authority under the above-noted environmental laws to protect wildlife and habitat and regulate the impacts of land-based wind energy facilities; (2) the consequences of noncompliance with these laws; and (3) the means by which a person or entity may avoid or reduce liability and avoid, minimize, and mitigate adverse effects on wildlife or habitat under these laws.