Putting Aeolus To Work Without the Death Toll: Federal Wind Farm Siting Guidelines Can Mitigate Avian and Chiropteran Mortality

Wind energy will undoubtedly be a part of America's future and this article examines a set of federal guidelines for siting wind farms through the lens of NEPA and the ESA. The Wind Turbine Guidelines Advisory Committee Guidelines use an iterative decision making process to help site wind farms will minimizing the negative impacts to avian and chiropteran species. In particular, the Guidelines provide a head start on the data collection necessary for compliance with the Endangered Species Act and the National Environmental Policy Act. The Department of the Interior must accommodate the American Wind Energy Association's concerns with the Draft Land-Based Wind Energy Guidelines in order to obtain its endorsement, which would push the Guidelines' voluntary label into obsolescence due to near uniform adherence. In addition, the Guidelines must incorporate environmentally friendly technologies into its recommendations or it risks inutility. If the Department of the Interior can produce a set of Guidelines that contains the iterative decision making process of the WTGAC's Guidelines and can be championed by the AWEA, then it augurs well for the future of the American wind industry and our nation's wildlife.