AWyoming conservation group filed a federal lawsuit this month against the U.S. Fish and Wildlife Service, arguing that the agency is illegally withholding records on bald and golden eagle deaths at three wind projects in southern Wyoming.
Mike Lockhart, a biologist who worked for the Fish and Wildlife Service for over 30 years, told Just the News that the data the federal government is withholding could help assess the true impacts of wind energy in Wyoming on eagle mortality.
“We have no real idea of how many birds are being killed. There’s birds that I suspect are being killed that just disappear in the presence of the wind turbines. And I think the numbers are enormous compared to what we know right now,” Lockhart said.
Blocked as “Privileged and confidential”
Earlier this year, the Albany County Conservancy, based in Laramie, Wyo., filed a request under the Freedom of Information Act, seeking records on the reported eagle deaths and injuries within two miles of Seven Mile Hill I/II, Ekola Flats, and Dunlap wind projects in southern Wyoming.
The Interior Department responded by releasing 910 pages, while another 256 pages were redacted. The agency withheld the records under Exemption 4, which blocks the revelation of “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.”
The group filed an administrative appeal in May challenging the exemption and demanding the department release all the data it has related to the request. The ACC received no response to their appeal, and so they filed a lawsuit in the U.S. District Court for the District of Columbia.
File
Wind energy developers have been targeting the area of southeast Wyoming, which has some of the richest wind resources in the U.S. According to the ACC’s lawsuit, there will be 28 utility-scale wind farms operating across Wyoming by this summer, and some projects have over 500 turbines.
“It’s not proprietary. It’s dead eagles,” conservationist says
Anne Brande, executive director of the ACC, told Just the News that the ecological risks of so many projects make transparency in federal oversight all the more imperative.
The law allows a certain number of eagles to be lost via a permitting system called the “eagle take.” Wind farm owners collect records on bird mortality as part of the eagle take permits the developers are required to have in order to disturb, injure and kill eagles. This data is public information submitted to federal agencies as part of their permitting, Brande said, and there’s nothing in those records that could be legally withheld under Exemption 4.
“It’s not proprietary. It’s dead eagles,” she said.
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