The Red Velvet Lawyer

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 spaced at 20 meter in

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 bird

Significant Losses  at Power Plants  and  Transmission Lines Bird Populations Slumping: Since the release of bird status reports at the Asilomar Conference, bird populations have continued to slump, and the list of North American birds with declining populations or otherwise at risk at the regional and continental levels has increased since 2002 where 131 species were then designated (USFWS 2002).  Today, these include 147 species on the 2008 Birds of Conservation Concern list (USFWS 2008), 92 birds federally listed as Threatened or Endangered on the Endangered Species Act (ESA), State-listed species, and species listed as high priorities on the U.S. Shorebird Conservation Plan, among others.  The growing documented and suspected impacts of structures on birds—from direct collision mortality, barotrauma, electrocutions, cumulative effects, and from habitat fragmentation, disturbance and site avoidance—bode poorly for our b

American Bird Conservancy Will Sue the U.S. Department of Interior  In a news release issued yesterday,  Washington, D.C.-based American Bird Conservancy (ABC) has announced its intention to sue the U.S. Department of the Interior (DOI). [They explain that they plan] to charg[e] the agency with multiple violations of federal law in connection with its recent decision to offer wind energy companies and others to obtain 30-year eagle take permits. The previous rule provided for a maximum duration of five years for each permit, which authorizes projects to "take" (i.e., injure, kill or otherwise disturb) eagles. On April 30, ABC sent the DOI and the U.S. Fish and Wildlife Service (FWS) a notice of intent to sue , and the group has chosen public interest law firm Meyer Glitzenstein & Crystal to represent it. ABC argues that the new eagle take rule violates the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Ba

Plaintiff Awarded $2.9 Million:  Post-Trail Motions and Appeal Certain Charles Sartran of the Energy & the Law blog discusses what is being characterized as the "first fracking verdict in U.S. History."   Background:   [A] Texas jury awarded $2.9 million to landowners in a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. Here is the jury verdict . The Parrs sued Aruba Petroleum, alleging that drilling and frac[k]ing at Aruba’s 22 wells located within two miles of the Parr’s 40-acre property in Wise County was making them sick. They alleged a wide array of health issues, including nose bleeds, irregular heartbeat, muscle spasms, and open sores, all of which were allegedly caused by hazardous gases and airborne chemicals emanating from Aruba’s well sites. Outcome: The case proceeded to the jury only on the nuisance claim. The award, for intentionally creating a private nuisance, comprised $275,000 for loss in property va

Using ADR to Compensate Victims of Environmental Catastrophes In my Environmental Dispute Resolution course, I devote one class to a discussion of the claims facilities used in the 9/11 terrorist attacks and the BP Gulf Coast oil spill disaster.  The facilities attempted to handle the inevitable claims arising from these traumatic events in an organized way that allowed expeditious handling of the claims outside of litigation.  Both adopted a form of arbitration.   If well designed, these facilities could also enhance procedural justice for claimants --  voice, careful consideration of the facts by the neutral, impartiality by the neutral, and respectful and dignified treatment of claimants. Updating the Story An  article  in The New York Times today updates the status of the Gulf Coast claims facility.     The Times describes the spill this way: The oil rig fire and the nearly unstoppable fountain of oil that followed at the Macondo Prospec

Some Balance to the Gloom and Doom Stories Brian Leiter, ABA Top 100 Blawger, has shared a conversation among graduates of lower tiered schools here . The conversation started with this question: cheapbrass (Apr 18, 2014 - 2:53 pm) If you are a tier 2 or below grad...and are somewhat successful ($100k+ salary) post here. how far out of school you are and your firm size, or if you are a solo, partner, or associate. Me first: Tier 3, 10+ years out, firm size 5-10, forever associate. The comments, largely stories of success, mirror the stories I hear from most of the alumni of ASL.   If you have your own stories of success, feel free to post them in the comments to this blog.