Technological innovation, economic forces and regulatory programs are driving significant development of new energy infrastructure in the United States, including renewable energy projects, gas-fired power generation, transmission systems and pipelines. While much focus has been on the impact of environmental laws such as the Clean Air Act on these projects, a number of federal wildlife protection laws, including the Endangered Species Act, the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, can both literally and figuratively stop a project in its tracks. Federal wildlife protection laws impose time-consuming and resource-taxing conditions on development, and require navigation through a complex array of agencies and procedures for permits and approvals. Project developers are wise to identify federal wildlife protection compliance issues early in the process and develop pro-active strategies to address them before they become significant obstacles, risks or liabilities.
- Thad Lightfoot, Partner, Dorsey’s Regulatory Affairs Practice Group
- Jim Rubin, Partner, Dorsey’s Regulatory Affairs Practice Group
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