Authors

J.B. Ruhl

Document Type

Article

Publication Title

San Diego Journal of Climate and Energy Law

Publication Date

2013

ISSN

2154-9028

Page Number

121

Keywords

Endangered Species Act, renewable energy, distributed energy, cumulative impacts

Disciplines

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.

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