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Article
Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform
Vanderbilt Law Review
  • J.B. Ruhl
Document Type
Article
Publication Date
1-1-2012
Keywords
  • wind power,
  • renewable energy,
  • Endangered Species Act
Abstract

This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA programs centered on facilitating business risk management in renewable energy infrastructure projects.

Citation Information
J.B. Ruhl. "Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform" Vanderbilt Law Review Vol. 65 (2012) p. 1769 ISSN: 0042-2533
Available at: http://works.bepress.com/jb-ruhl/38/