fish and wildlife service

No Fine If Wind Farm Kills Endangered Condors — Fish and Wildlife Service

by Marlo Lewis on May 17, 2013

in Blog, Features

Post image for No Fine If Wind Farm Kills Endangered Condors — Fish and Wildlife Service

Should industrial wind facilities have to pay a $100,000 fine — as oil and gas companies do — if they kill an endangered species? Many environmental activists think so. The Fish and Wildlife Service (FWS) does not.

In a reversal of its official opinion, the FWS recently announced “it will not penalize the operator of a Southern California wind operator if its turbines kill or injure one California condor,” reports environmental journalist Chris Clarke in ReWire.

With fewer than 250 birds in the wild, the condor is one of the world’s most critically endangered animals, and industrial wind is encroaching on the bird’s range in the Tehachapi Mountains. From the article:

FWS biologist Ray Bransfield told ReWire that FWS has completed its Biological Opinion (BiOp) on condors for Google and Citicorp’s Alta East project, which would be built and operated by wind developer Terra-Gen. Occupying 2,592 acres, mostly on public lands, near the intersection of state routes 14 and 58 in Kern County, Alta East would generate a maximum of 318 megawatts of electrical power with 106 wind turbines, each with 190-foot-long blades.

FWS’s BiOp for Alta East includes an “incidental take statement” that in effect allows one “lethal take” of a California condor. “Incidental take” of a protected species is a term of art covering any kind of injury, harassment or disturbance, or even habitat damage that a project causes inadvertently. “Lethal take” is when the species in question dies.

The Bureau of Land Management (BLM) has yet to approve the project. If it does, and a single condor is killed during the 30-year operating life of the facility, the FWS would have to undertake a “formal review” of the project’s impact on condors. Recent history suggests this safeguard is unlikely to be worth much, Clarke argues:

Endangered species advocates were hoping for a “jeopardy” finding when solar developer BrightSource started finding hundreds more federally threatened desert tortoises on the site of its Ivanpah Solar Electric Generating System than were forecast in that project’s BiOp. The original BiOp and take permit allowed BrightSource to kill, harm, harass, or disturb no more than 40 tortoises. Once it was clear there were a lot more tortoises than that onsite, BLM estimated as many as 2,862 tortoises (including eggs) could be harmed by the project. Despite the 70-fold increase in potential “takes,” FWS merely required a few changes to the project’s tortoise relocation plan and issued a revised BiOp that allowed construction to proceed.

The Alta East project may “take” many more than one condor in 30 years. Condors, notes Clarke, “fly slowly, their 9-foot wingspans making them somewhat slow to maneuver. They tend to soar while watching the ground, searching for activity of other scavengers. This habit makes them vulnerable to injury from blade tips approaching from above, often at speeds exceeding 150 miles per hour.”

In addition, condors are “intensely social animals.” Where one goes to feed on carrion, others quickly assemble in “huge flocks,” as Clarke shows in photos taken just minutes apart.  [click to continue…]

Update on Polar Bear Biologist Investigation

by Marlo Lewis on August 18, 2011

in Features

Post image for Update on Polar Bear Biologist Investigation

Last week on this site I cautioned skeptics not to jump to conclusions about the Department of Interior’s (DOI’s) suspension of polar bear biologist Charles Monnett, who is also under investigation by the department’s inspector general (IG).

Monnett, you may recall, was lead author of a 2006 study on drowned polar bears that helped turn the bear into an iconic victim of global warming. The Fish and Wildlife Service (FWS) cited Monnett’s study four times in its Jan. 2007 proposed rule to list Ursus Maritimus as a threatened species under the Endangered Species Act.

Skeptics are supposed to insist on seeing the evidence before making up their minds. I was concerned that some of our brethren were too quick to pronounce Monnett guilty when it was not even clear why he was suspended or on what charges he is being investigated. Claims that the scientific rationale for listing the bear is “melting away” have no basis in any information released by DOI or its IG.

What puzzled me in particular was the fact that a DOI spokesperson asserted the agency’s suspension of Monnett had “nothing to do with scientific integrity,” yet two IG agents interrogating Monnett told him they were investigating “allegations” of “scientific misconduct” having to do with “wrong numbers . . . miscalculations.”

Earlier this week, IG Special Agent David Brown sent Monnett a letter that seems to clear up what the investigation is about — a potential violation of federal conflict-of-interest rules. [click to continue…]

Saving the Polar Bear or Obama’s CO2 Agenda?

by William Yeatman on October 21, 2010

in Blog

This afternoon I attended an informative panel, “Saving the Polar Bear or Obama’s CO2 Agenda?,” on how the Endangered Species Act is easily manipulated by environmentalist lawyers intent on gumming up economic activity. The panel was videotaped, so you can see it for yourself at the Heritage Foundation’s website. If, however, you don’t have an hour, then here are the highlights:

  • Robert Gordon of the Heritage Foundation cited the Iowa Pleistocene snail. Seemingly, the snail is a smashing success story. It was listed as an endangered species in 1978, and after implementing protections, the snail recovered. Indeed, it far-exceeded the criteria first set out to de-list. Nonetheless, the Obama administration upgraded its peril. Why? Because, the Obama administration says, the snail is threatened “in the long term” by global warming! This example supported Mr. Gordon’s conclusion, that the Endangered Species Act is a “tool for those that wish to constrict economic activity.”
  • The Competitive Enterprise Institute’s R.J. Smith questioned which section of the Constitution authorizes the government to favor animals and insects over humans. He joked that the 3rd amendment prohibits the government from forcing Americans to quarter soldiers, yet the Endangered Species Act can force Americans to give quarter to snails.
  • I asked Reed Hopper of the Pacific Legal Foundation to flesh out the regulatory consequences of listing the polar bear as an endangered species due to climate change, and his response was sobering. According to Mr. Hopper, a citizen suit provision of the Endangered Species Act means that anyone could sue anyone for harming the polar bear by emitting greenhouse gases. He said it would be “unprecedented.”