San Diego Journal of Climate and Energy Law
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 â€œgreen passâ€ 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.
Harmonizing Distributed Energy and the Endangered Species Act, 4 San Diego Journal of Climate and Energy Law. 121
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/478