Feds List New Bird Species As Threatened – Should Wind Developers Be Worried?

In response to a precipitous decline of the lesser prairie-chicken (LPC), the U.S. Fish and Wildlife Service (FWS) announced on March 27 that it is listing the species as threatened under the Endangered Species Act (ESA). Under the ESA, a “threatened” designation means the species is likely to become in danger of extinction within the foreseeable future. Threatened-species status represents a step below “endangered” and, as such, carries fewer restrictions.

Nevertheless, the listing of any species under the ESA has immediate and long-term implications for both energy and agriculture interests. And because the LPC resides in the wind-rich lands of Colorado, Kansas, New Mexico, Oklahoma and Texas, rest assured that listing will impact wind developers now and until the species recovers and is de-listed or it goes extinct.

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