Document Type
Article
Publication Title
Vanderbilt Law Review
Publication Date
2012
ISSN
0042-2533
Page Number
1769
Keywords
wind power, renewable energy, Endangered Species Act
Disciplines
Administrative Law | Environmental Law | Law
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.
Recommended Citation
J.B. Ruhl,
Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform, 65 Vanderbilt Law Review. 1769
(2012)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/477