February 28, 2005

Altamont Suit to Move Ahead

A lawsuit filed last November by following construction, at other a number of environmental wind development areas indicate organizations including the Center that this is a site-specific issue that for Biological Diversity, claims that will not be a problem at most wind turbines at the farm have killed potential wind sites. an estimated 881 to 1,300 birds in After consultation with biological violation with state and federal experts and agencies, FPL Energy, wildlife laws. The lawsuit alleges that which owns and operates most of “the failure of wildlife regulators to the facility’s turbines, said it has enforce laws protecting the birds taken a number of actions to reduce gave wind farm operators an unfair collisions including removing high competitive advantage.” risk turbines, perch guarding and The defendants, which include the participation in a rodent control Florida-based FPL Energy and A darius-type vertical axis at program. Altamont Pass, . Other wind California-based Enxco, had FPL Energy, along with its turbines, particularly those with older lattice- style towers are likely culprits in the high moved to dismiss the suit but partners and other turbine owners number of avian collisions. A lawsuit is now Superior Court Judge Ronald and operators at the moving ahead between environmental Sabraw allowed the suit to move facility, said they are planning to Photo: NREL forward because “wildlife is part of institute an adaptive management the public trust, and the state hold plan. The plan will enable the Alamada County, California the wildlife for the benefit of the companies to implement steps [RenewableEnergyAccess.com] people.” taken to reduce bird collisions with An Alameda County Superior Altamont Pass has proven an wind turbines as soon as all Court Judge in California has ruled unfortunate case for the wind power stakeholders reach consensus. that a lawsuit filed against wind industry as it has contributed to Reaching that agreement, power companies that operate the public perceptions that bird kills are however, has not been easy. Altamont Pass Wind Farm may prevalent at other wind power sites “An adaptive management plan is proceed, according to the Bay-area across the country when industry a flexible approach to dealing with newspaper, The Argus. sources say certain aspects of the the complex issue of bird-wind The expansive Altamont Pass Altamont Pass facility are to blame. turbine interaction for which neither wind power facility was one of the These include the wind farm’s industry, government, nor other first major wind power location in potential migratory paths stakeholders have all the answers,” developments in the country and and the prevalence of older wind said Bryan Fennell, vice president includes over 5,200 wind turbines. turbines with lattice-style towers of business management for FPL The facility has come under fire for that afford ample perching room for Energy. “We have been working purportedly high levels of avian birds. with various stakeholders on our collisions between birds of prey and The wind industry says that plan for more than a year and have the wind turbines. detailed studies, and monitoring been frustrated by the lack of progress, and the inability of the “It’s important to make clear that stakeholders to reach consensus on the highly publicized problem in a reasonable program that presents Altamont Pass is not representative the most environmentally and of wind farms across the U.S.,” economically viable solution.” Gray said. “Wind farms do coexist The company said it has already successfully with wildlife in many removed or taken out of service other locations.” approximately 10 percent of the turbines it operates in the Altamont including removing 169 turbines and replacing them with 31 modern wind turbines and shutting down and either removing or relocating nearly 100 additional turbines in areas identified as having a high potential for interaction with birds. The company has also upgraded electrical protection measures on utility structures to better prevent the potential of raptor electrocutions from perching. “The turbine removal and relocation project and the upgrading of utility poles are just two of the steps in our overall plan and we want to do more,” Fennell said. “Due to the complexity of the issue and varying opinions on potential solutions, we believe buy in by all stakeholders on the remaining elements of the plan is critical to the plan’s overall success. Once we achieve that, which we hope is very soon, we will begin to implement other elements of the plan. Unfortunately, it seems our plan has been held hostage by the competing interests of various stakeholders. Avian issues at Altamont Pass are the exception to the rule according to Tom Gray, Deputy Executive Director of Communications for the American Wind Energy Association, when reached for earlier comment on the subject.