The Red Velvet Lawyer

2013 Canadian Bird Mortality Study In 2013, J. Ryan Zimmerling, Andrea C. Pomeroy, Marc V. d'Entremont, and Charles M. Francis published their study : Canadian Estimate of Bird Mortality Due to Collisions and Direct Habitat Loss Associated with Wind Turbine Developments.   The abstract of the study states:  We estimated impacts on birds from the development and operation of wind turbines in Canada considering both mortality due to collisions and loss of nesting habitat. We estimated collision mortality using data from carcass searches for 43 wind farms, incorporating correction factors for scavenger removal, searcher efficiency, and carcasses that fell beyond the area searched.   On average, 8.2 ± 1.4 birds (95% C.I.) were killed per turbine per year at these sites, although the numbers at individual wind farms varied from 0 - 26.9 birds per turbine per year. Based on 2955 installed turbines (the number installed in Canada by December 2011), an estima...

Smithsonian-Sponsored Study of Bird Deaths at Monopole Wind Farms  In a study published in December 2013, three scientists have attempted to estimate the number of bird deaths associated with tower design and height. See Scott R. Loss, Tom Will, Peter P. Marra, Estimates Of Bird Collision Mortality At Wind Facilities In The Contiguous United States.  The sponsors of the study included the Migratory Bird Center, Smithsonian Conservation Biology Institute, National Zoological Park; the U.S. Fish and Wildlife Service, Division of Migratory Birds, Midwest Regional Office; and the Oklahoma State University The study suggests that the trend toward taller towers could be leading to more deaths. On the other hand, the new research also reveals that siting fewer new turbines in California and more in the Great Plains – where the wind resource is rich and increasingly being exploited – could decrease the risk to birds. This study did not focus at the species level, ...

ASL Not the only Law School Adjusting to the New Normal  This month, LSAC reports : “As of 5/09/14, there are 337,978 Fall 2014 applications submitted by 49,907 applicants. Applicants are down 8.3% and applications are down 8.9% from 2013.”  One blogger charted , in late 2013, the national downturn in applicants based on LSAC data: It is a very powerful illustration of the change in the number over the last several years. The National Jurist explained in a Dec. 2013 article about the drop of enrolled students: According to figures released by the American Bar Association, law schools enrolled 39,675 new students this fall—an 11 percent decrease from the 44,481 students who enrolled last fall. The last time law schools saw such low 1L enrollment was 1975, when there were 163 ABA-accredited law schools. There are 202 such schools today . . . . University of St. Thomas School of law professor Jerome Organ in June wrote a blog post predicting 38,300 to ...

Focus on our 2014 Grads! Once again, thanks to the generosity of ASL Trustee Joe Wolfe, ASL is on the airwaves via our NBC and FOX television stations. This time, the star of the show is the entire Class of 2014.  Please share the link as widely as you can.  Graduates:  your mom wants to watch it. P.S.  Yes.  I know.  Photo features some grads from an earlier class. 

The Smallwood Study Presents Highest Estimate of Bird Deaths to Date The Research In an earlier post , I mentioned the current research on bird deaths at wind farms. Scientists/industry have conducted five major studies to date: 2013 Smallwood Study: 573,000 bird deaths per year. 2013 Canadian Bird Mortality Study: 233,000 bird deaths per year, and habitat displacement of 57,000 breeding pairs. 2009 U.S. Fish & Wildlife Service Study: 440,000 per year. 2013 Smithsonian- sponsored  Study: 140,000 to 328,000 per year (limited to monopole turbines). Wind Industry Estimate: 58,000 per year. Over the next several days, I'll discuss each study.   The Smallwood Study: In March 2013, biologist K. Shawn Smallwood published his study in the March 2013 issue of the  Wildlife Society Bulletin . His estimate of bird fatalities at wind farms is the highest to date. http://onlinelibrary.wiley.com/doi/10.1002/wsb.260/abstract   He estim...

Finding Dead Birds at the Base of Wind Turbines: The Protocol In my last post , I listed the studies estimating bird deaths at wind farms. I plan to discuss each of them over the next week.  Research Protocol: But first, I want to describe the methodology for most of these studies. You can see these procedures in action in the video about bird deaths at the Altamont Pass wind farm here.  The discussion runs from 9:56 to 11:00 minutes into the clip.  The developer/operator should place wildlife biologists into the wind farm on a regular basis to do a carcass count. Ideally, assuming the developer devotes the needed resources, the biologist should conduct the fatality searches within a radius of 50 meters of the turbine base. The searcher should mark out 100 meter square plots to record carcass findings for study longitudinally.  Scientists studying bird fatalities recommend the use of a search protocol involving 120 meter long transects sp...

Growth of Farms Puts More Birds At Risk Introduction A 2008 Department of Energy report calls for the U.S. to generate 20% of its electricity from wind by 2030. By then, experts expect wind turbines to kill at least one million birds each year, and probably significantly more, depending on how many turbines developers build over that time. Wind farms are also expected to impact almost 20,000 square miles of terrestrial habitat, and over 4,000 square miles of marine habitat by 2030, some critical to threatened species. Deaths will come to birds who hold our identity and imagination, like Bald Eagles and other raptors. Turbines also kill birds listed as threatened or endangered unless developers carefully plan and implement wind farms. Onshore, these species include Golden Eagles, Whooping Cranes, sage-grouse, prairie-chickens, and many migratory songbirds. Offshore, species at risk include Brown Pelicans, Northern Gannets, sea ducks, loons, and terns, among other ...