Bird Conservancy Seeks Enforceable Wind Turbine Standards

Bird Conservancy Seeks Enforceable Wind Turbine Standards
March 13, 2012

Bonner R. Cohen

Bonner R. Cohen is a senior fellow with the National Center for Public Policy Research, a position... (read full bio)

The American Bird Conservancy has filed a 100-page petition with the U.S. Fish and Wildlife Service (FWS) requesting replacement of FWS’s proposed voluntary guidelines for operating wind farms with mandatory, enforceable standards designed to protect birds and bats from turbines’ deadly blades.

If FWS accepts the arguments laid out in the Bird Conservancy’s petition, wind farms will be subject to a mandatory permitting system and required to mitigate harm to birds and bats.

Massive Bird Kills

Although wind power supplies only 2 percent of electricity in the United States, FWS reports the wind turbines supplying that power kill 440,000 birds each year. Other analysts maintain the number is much larger because FWS may be overlooking a substantial number of birds that receive mortal wounds from turbine strikes but don’t die in the immediate vicinity of the machines, where FWS counts bird carcasses.

Two well-documented incidents in the mountains of West Virginia shed light on the magnitude of the problem. On a single night in September 2011, a single wind farm atop Mount Storm killed 59 birds. One month later, 484 birds were killed in a single night at the newly constructed wind farm on Laurel Mountain.

In these and other incidents across the country, birds of every description—hawks, bald eagles, golden eagles, the endangered California condor, yellow-billed cuckoos, wood thrushes, and other migratory birds—have lost their lives to wind farms.

Wind Farms Given Free Pass

Migratory birds may pose the biggest threat to the wind energy industry. To date, the Migratory Bird Treaty Act has not been applied to wind firms, but the potential liability could pose a real problem to the industry. The law does not require intent, meaning incidental kills could be prosecuted by the Justice Department. 

The legal uncertainty over the potential liability of wind farms might make an FWS permitting process the lesser of two evils for the wind industry. Fearful a permitting process would lead to costly bureaucratic delays, the American Wind Energy Association (AWEA) has expressed a clear preference for FWS’s proposed voluntary guidelines. But a change of heart by the Justice Department leading to prosecution of owners of wind farms for incidental kills of migratory birds would cast a pall over the whole industry.  

The industry has never been told it would not be prosecuted. Similarly, if endangered birds or bats are killed in sufficient numbers by wind farms so as to trigger lawsuits under the Endangered Species Act, the industry could be facing even greater uncertainty and costly litigation.  

Congress Reconsidering Subsidies

Meanwhile, the wind industry, which has seen its political connections pay off in recent years, is facing a serious threat from another direction: Congress is losing its appetite for subsidizing renewable energy. The spectacular bankruptcy of solar panel maker Solyndra, with a loss of over $500 million suffered by U.S. taxpayers, has made Capitol Hill lawmakers wary of loan guarantees and other subsidies designed to prop up renewable energy ventures. 

For years, the wind energy industry has benefited from, and indeed depended on, one such subsidy, known as the production tax credit (PTC). The PTC provides a 2.2 cents-per-kilowatt-hour subsidy for wind power generators for their first ten years of existence. In effect since 1992, the PTC could well expire at the end of this year. In working out a deal earlier this year on the extension of the payroll tax deduction, the House and Senate, despite heavy lobbying by AWEA, refused to include an extension of the PTC.  

Without the PTC, the industry will be hobbled in its efforts to compete with cheaper coal and natural gas. With the growing likelihood of an expiration of the PTC at the end of the year, orders for new turbines have come to a screeching halt. 

Wind Power’s Environmental Downside

“It’s about time that we look at the downside of alternative energies,” said Marita Noon, executive director of the Citizens’ Alliance for Responsible Energy. 

“Since the theory of manmade climate change became fashionable, we’ve heard only that fossil fuels are bad and renewable energy is good,” said Noon. “The propaganda shows pictures of black smoke belching out of stacks contrasted with pristine, white, wind turbines. Neither reflects reality. The black smoke was cleaned up years ago. Wind turbines kill birds and bats.

“As Americans make energy decisions, they need to be based on reality, on complete science,” Noon explained. “There is no free lunch, and energy policy should fully weigh the pros and cons of each option.”      

Bonner R. Cohen, Ph. D. (bcohen@nationalcenter.org) is a senior fellow at the National Center for Public Policy Research. 

Bonner R. Cohen

Bonner R. Cohen is a senior fellow with the National Center for Public Policy Research, a position... (read full bio)