WASHINGTON (AP) — The Obama administration will allow companies to seek authorization to kill and harm bald and golden eagles for up to 30 years without penalty in an effort to balance some of the environmental trade-offs of green energy.
The change, requested by the wind energy industry and officially revealed Friday, will provide legal protection for the lifespan of wind farms and other projects that obtain a permit and do everything possible to avoid killing the birds. Companies will also have to commit to take additional measures if they exceed their permit limits or if new information suggests eagle populations are being affected.
But the rule makes clear that revoking a permit is a last resort.
"We anticipate that implementing additional mitigation measures ... will reduce the likelihood of amendments to, or revocation of, the permit," the rule reads.
Right now, as an AP investigation has documented, wind farms are killing eagles in violation of the law. Not a single wind energy company has a permit authorizing the killing, harm or harassment of eagles, although five-year permits have been available since 2009. That puts companies at legal risk and discourages private investment in renewable energy.
It also doesn't help eagles, since without a permit, companies are not required to take steps to reduce their impact on the birds or report when they kill them.
Conservation groups, which have been aligned with the wind industry on other issues, said Friday the decision by the Interior Department sanctioned the killing of America's symbol.
"Instead of balancing the need for conservation and renewable energy, Interior wrote the wind industry a blank check," Audubon President and CEO David Yarnold said in a statement. The group said it would challenge the decision.
The wind energy industry says the change mirrors permitting already in place for endangered species, which are far more at risk than bald and golden eagles. Bald eagles were removed from the endangered species list in 2007 but are still protected under two federal laws.
The regulation published Friday was not subjected to a full environmental review because the administration classified it as an administrative change.
Last month, Duke Energy Corp. pleaded guilty to killing eagles and other birds at two Wyoming wind farms, the first time a wind energy company has been prosecuted under a law protecting migratory birds. The permitting program falls under a separate statute, the Bald and Golden Eagle Protection Act.
A study by federal biologists released in September found that wind farms since 2008 had killed at least 67 bald and golden eagles, a number that the researchers said was likely underestimated.
It's unclear what toll, if any, wind energy companies are having on eagle populations locally or regionally. Gunshots, electrocutions and poisonings likely kill more bald and golden eagles than wind farms. But with the industry still growing, the toll could grow.
A recent assessment of status of the golden eagle in the western U.S. showed that populations have been decreasing in some areas and rising in others.
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Top Renewable Energy Sources
Renewable energy made up 9 percent of all energy consumed in 2011, according to the <a href="http://www.eia.gov/">U.S. Energy Information Agency</a>, and that number is <a href="http://www.eia.gov/forecasts/aeo/er/pdf/0383er(2013).pdf">predicted to grow throughout the next decade</a>. Here's a breakdown of the top sources of renewable energy in the country, from wind to water and everything in between. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
Solar Power - 2 Percent
Solar power and photovoltaic cells make up the smallest percentage of U.S. renewable energy production, but its future looks fairly promising. Warren Buffett's Berkshire Hathaway <a href="http://www.huffingtonpost.com/2013/01/03/warren-buffett-solar-power_n_2398816.html">invested $2.5 billion in Calif. solar company SunPower</a> earlier this year. Also, unlike other sources of renewables, energy can also be generated by small-scale solar installations (like on the rooftop of a home or business), and<a href="http://www.eia.gov/todayinenergy/detail.cfm?id=8570"> declining costs</a> have made solar much more affordable. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
Geothermal - 2 Percent
Geothermal power captures naturally occurring heat from the earth to turn it into power. The renewable source is geographically dependent, <a href="http://www.eia.gov/todayinenergy/detail.cfm?id=3970">but the Western half of the U.S.</a> has many promising locations for power plants, <a href="http://www.geysers.com/">like The Geysers in Calif.</a>, the largest geothermal power plant in the world. The U.S. is the largest producer of geothermal power on the planet, but growth hasn't kept up with wind or solar development in recent years. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
Waste - 5 Percent
Believe it or not, burned garbage accounts for 5 percent of all renewable energy created in the U.S. each year. More than 29 million tons of municipal solid waste was burned in 2010 to create steam to spin turbines and generate power, <a href="http://www.eia.gov/todayinenergy/detail.cfm?id=7990"> and there are more than 75</a> waste-to-energy plants in the country. Emissions regulations have been in place at waste incineration plants since the 1960s, but the <a href="http://www.epa.gov/ncer/publications/research_results_needs/combustionEmmissionsReport.pdf">EPA warned in a 2006 report that the toxins released</a> during the process could pose a serious environmental risk if not strictly enforced. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
Wind - 13 Percent
The amount of wind power has grown for each of the past three years throughout the U.S. and accounted for the <a href="http://www.eia.gov/todayinenergy/detail.cfm?id=9931">largest growth in capacity</a> of any energy resource in the country last year. Wind turbines now supply more than <a href="http://www.reuters.com/article/2012/10/19/us-utilities-windpower-usa-idUSBRE89I0TX20121019">50,000 megawatts a year,</a> enough to power 13 million homes, according to Reuters. Federal tax credits, which were set to expire at the end of 2012, have made wind farms an attractive form of renewable energy. Congress <a href="http://www.forbes.com/sites/davelevitan/2013/01/02/wind-power-tax-credit-survives-fiscal-cliff-deal/">approved an extension of the credits</a> through the end of 2013. After production, wind turbines are net zero, meaning they require no energy and produce no emissions. The only problematic thing generated in some cases other than clean power has been <a href="http://www.huffingtonpost.com/2011/05/24/wind-power-noise-pollution-maine_n_866182.html">a whole lot of noise</a>. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
Biofuel - 21 Percent
Biofuels, like ethanol, are created from organic matter like corn or soybeans. Gasoline in the U.S. contains 9 percent of the resource by federal mandate under the <a href="http://www.epa.gov/otaq/fuels/renewablefuels/index.htm">Renewable Fuel Standard program,</a> and more than <a href="http://www.huffingtonpost.com/2012/08/10/us-should-change-biofuel-_n_1764735.html">40 percent of the corn crop</a> last year was turned into biofuel. The resource is slightly more unstable than other renewables because it depends on the productivity of farms - <a href="http://www.huffingtonpost.com/2012/08/10/us-should-change-biofuel-_n_1764735.html">drought or other environmental problems</a> can significantly lower yields and increase prices. On average, <a href="http://www.afdc.energy.gov/vehicles/flexible_fuel_emissions.html">ethanol has 20 percent fewer emissions</a> than traditional gasoline but some types, like <a href="http://en.wikipedia.org/wiki/Cellulosic_ethanol">cellulosic ethanol,</a> cut greenhouse gas emissions more than 85 percent, according to the U.S. Department of Energy. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
Wood - 22 Percent
Timber accounts for nearly a quarter of all renewable energy created in the country. <a href="http://news.nationalgeographic.com/news/energy/2012/10/121022-wood-for-heating/">Rising energy costs </a>have led to an upswing in wood burning over the past decade, and nearly <a href="http://www.eia.gov/forecasts/steo/report/winterfuels.cfm">20 percent of New England homes </a>use wood for heating, according to a National Geographic report. Although it may be a cheaper alternative, wood burning stoves and fireplaces<a href="http://www.epa.gov/burnwise/energyefficiency.html"> release more emissions of fine particles </a> than other home heating methods, according to the EPA. Burning <a href="http://www.epa.gov/burnwise/bestburn.html">good wood in an efficient burner</a> lowers toxic emissions and lost energy. Oh, and always have working smoke and carbon monoxide detectors handy. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
Hydroelectric - 35 Percent
Almost all of the current hydroelectric power plants in the U.S. were <a href="http://www.eia.gov/energy_in_brief/article/hydropower.cfm">built before the mid-1970's</a>, but it's still the highest producing renewable energy source in the country. In 2011, 8 percent of all power created in the U.S. came from hydroelectric sources, but it's also one of the most geographically dependent sources of energy. The Pacific Northwest gets more than half of all power via hydroelectric due to prime geography. <em>Information courtesy of the <a href="http://www.eia.gov/totalenergy/data/annual/perspectives.cfm">U.S. Energy Information Agency</a>.</em>
How To Really Go Renewable
Watch this TED talk on the missing link in the future of renewable energy.