American Bird Conservancy (ABC) and Black Swamp Bird Observatory (BSBO) have filed a law suit in federal court in relation to bird collision risks at the 21MW Icebreaker offshore wind farm in Lake Erie.
The suit has been filed against the US Department of Energy (DoE) and US Army Corps of Engineers (USACE) for “failure to comply with the National Environmental Policy Act (NEPA) and Clean Water Act, respectively, during their evaluation of environmental impacts and alternatives associated with the Icebreaker Wind project”.
The complaint seeks to require that the DoE complete an environmental impact statement (EIS) and comprehensive cumulative impacts assessment, and that both agencies complete a legally adequate alternatives analysis.
Icebreaker’s developer LEEDco told reNEWS that in consultation with the US Fish and Wildlife Service (USFWS), significant investment has been made in resources to conduct detailed studies regarding the use of the project area by birds.
LEEDco stated: “Contrary to the generic assertions in the statement by ABC and BSBO, these surveys consistently demonstrated very low bird activity within the project area.
“Based on that data, the USFWS ultimately concluded that the project poses ‘limited direct risk’ to migratory birds and dropped its initial recommendation that an Environmental Impact Statement be prepared.”
Furthermore, LEEDco added, “We believe the US DoE and USACE have fully and faithfully carried out their obligations under the National Environmental Policy Act (NEPA), the Clean Water Act and the Endangered Species Act to evaluate the impact of the project on all aspects of the environment.
“That process included consultation with the USFWS and other federal and state agencies. As required by NEPA, the agencies prepared an Environmental Assessment that was exceptionally detailed and thorough. On the basis of that assessment they determined that Icebreaker would have no significant impact to birds, and no significant impact on the environment.
“Therefore, in accordance with NEPA, preparation of an Environmental Impact Statement is not warranted and would not add to the analysis beyond additional expense and delay.”
According to the ABC and the BSBO constructing turbines in the proposed project site would pose “substantial collision” risks to the enormous numbers of birds that use the area throughout the year, including large concentrations of migrating songbirds, as well as Common Loons, globally significant populations of Red-breasted Mergansers, and other waterfowl.
In a statement the groups said: “Further, construction and increased vessel traffic associated with the project could pollute the waters used by these species.
“Despite this, the agencies have failed to adequately evaluate environmental impacts and reasonable alternatives that would reduce the project’s impacts.”
ABC president Mike Parr said: “We regret that legal action is our only recourse.
“The agencies did not give this project the careful evaluation it requires under applicable environmental laws. In addition, American tax dollars are paying for more than a third of the project cost – but a Norwegian corporation is in partnership with the nonprofit project implementer, LEEDCo.
“Data published in September showed that North America has already lost around 29% of its bird population,” said Parr. “This project is an example of how birds are routinely ignored when business decisions are involved. Since birds are a public good, and taxpayer dollars are involved in benefiting a private company in this case, the agencies should be doing a much better job here.”
The site selected by the developer, the Central Basin of Lake Erie, is within a National Audubon Society-designated Global Important Bird Area that draws millions of birds annually, according to the ABC.
Radar studies conducted by the US Fish and Wildlife Service (USFWS) have recorded large numbers of migratory birds and bats near Great Lakes shorelines, including Lake Erie’s south shore. Many were flying at altitudes that would be within the rotor-swept area of wind turbines, making these birds susceptible to collision-related deaths, injuries, and disturbances, said the ABC and the BSBO.
BSBO director Kimberly Kaufman said: “Existing data from the Ohio Department of Natural Resources shows that this area is important for huge numbers of birds.
“The inadequate science provided by the applicant understates the risk. This highlights the importance of conducting a more comprehensive assessment of environmental impacts.”
LEEDco added, “The clean energy that these turbines will generate is an important step toward reducing emissions and pollution, and combating climate change, which will provide great benefits to birds and other wildlife as well as all Ohioans.
“That is why Icebreaker is supported by the most respected environmental organizations, including the Sierra Club, the Environmental Defense Fund and the Ohio Environmental Council.”