Wind projects are known to kill birds and bats, which is true for cars, airplanes, and every tall man-made structure. The goal for every wind project should be to reduce the number of birds or bats that are killed by the project, which requires careful siting and planning. The U.S. Fish and Wildlife Service recommends that wind projects should not be placed in areas with high bird concentrations, such as wetlands, bird refuges, migration routes, and daily flyways. Turbines should not be placed near large bat populations. Your local fish and wildlife service can assist in identifying endangered species and other species of birds and bats in your area.
The project area should be monitored for at least one year to determine if the project will interfere with wildlife. Wildlife monitoring can be done at the same time as wind speed monitoring, to determine if the site is appropriate.
There are several strict liability statutes that could be used to hold a wind project owner or landowner liable for bird kills that result from the project, such as the Endangered Species Act or the Migratory Bird Treaty. In practice, these laws are rarely enforced in these types of situations. However, the best way to avoid liability is to site the project properly.
For more information: Farmers’ Guide to Wind Energy: Legal Issues in Farming the Wind.
Contributor: Christy Anderson Brekken, Oregon State University
