On behalf of the American Bird Conservancy, the Conservation Law Center filed an amicus curiae — a friend of the court — brief in a dispute over the approval of the construction of wind turbines in Nantucket Sound. The case is being heard in the Federal District Court in Washington, D.C.
CLC's brief argues that without either a permit or an exception under the Migratory Bird Treaty Act, the Bureau of Ocean and Energy Management cannot legally enter into a lease with the wind project promoters.
The American Bird Conservancy is supportive of the development of wind energy. But in this case the developers declined to agree to curtail the operation of the turbines in conditions of poor visibility during migration seasons, as originally recommended by the United States Fish and Wildlife Service. As a result, the blades and towers of the project are predicted to cause the death of an unnecessarily high number of birds in collisions.
There are many other issues in the case, and it will likely be several months, at least, before the Court makes a decision on summary judgment motions that have been filed by each party in the case.