The Federal agency charged with protecting endangered species under the Endangered Species Act is evaluating a plan to allow a 200-mile wide corridor for wind energy development from Canada to the Gulf of Mexico. The draft land-based guidelines–made ostensibly to avoid, minimize, and compensate for effects to fish, wildlife, and their habitats” — represent one more example of overt and destructive favoritism for an industry that already benefits from fat tax subsidies and mandated market purchases.
U.S. Fish and Wildlife Service Plan
The plan by U.S. Fish and Wildlife Service (FWS) would allow for killing endangered whooping cranes. The government’s environmental review will consider a permit, sought by 19 energy developers, which would allow constructing turbines (over 300 feet tall) and associated transmission lines on non-federal lands in nine states from Montana to the Texas coast, encroaching on the migratory route of the cranes.…
Background:Earlier this year, I wrote about a new, tentative California Superior Court decision that threw a monkey wrench into California Air Resources Board’s climate regulatory scheme.
…a California superior court once again ruled against the California Air Resources Board (CARB) for failing to comply with environmental law pursuant to AB 32, California’s global warming law. The tentative decision directs CARB to rewrite its California Environmental Quality Act (CEQA) documentation, and to cease implementation of the AB 32 Scoping Plan until the violation is corrected.
The decision is based on violations of process only and does not address any scientific or economic substance of either the CEQA documentation or of the scoping plan. Reactions have been mixed from “no big deal” to “hallelujah.”
The judge’s decision states that CARB violated state environmental law with its 2008 plan to reduce greenhouse gases and its more recent cap-and-trade regulatory schema.
The American Tradition Institute (ATI) and the American Tradition Partnership (ATP) have filed suit in Federal District Court in Colorado to have Colorado’s renewable energy standard (RES) declared unconstitutional. The plaintiffs find that the Colorado RES discriminates on its face against legal, safer, less costly, less polluting and more reliable in-state and out-of-state generators of electricity sold in interstate commerce, and thus violates the Commerce Clause of the U.S. Constitution.
Given 29 states with either a RES or a Renewable Portfolio Standard (RPS) of varying strength, the outcome of this case will likely have far reaching implications. The suit was filed yesterday, April 4, 2011.
Part of the suit is a “declaration” of technical aspects and the costs and benefits of how the RES is implemented; I am the author of that declaration.…