Fish & Wildlife Service Issues Wind Energy Project Guidelines

On March 23, 2012, the U.S. Fish & Wildlife Service ("FWS") released final "Land-Based Wind Energy Guidelines" to guide wind energy project developers in minimizing the impact of land-based wind projects on wildlife and their habitats. Although the Obama administration's clean energy policy strongly favors the development of renewable energy sources, there has long been uncertainty surrounding the dichotomy of wind energy development and wildlife protection laws. The new guidelines represent the first clear guidance to industry on the protection of federally endangered or threatened species in connection with wind energy development activities.

The FWS touts the guidelines, together with the underlying regulatory framework, as "the best practical approach" to protecting species of concern in connection with the development and operation of wind energy projects. The stated purpose of the guidelines is to help developers identify species of concern that could be