In a decision that has far-reaching implications for both bird conservation and wind energy, a U.S. District Court judge yesterday set aside a controversial rule that would allow operators of wind energy facilities to accidentally kill Golden Eagles and Bald Eagles for up to 30 years. The eagles are currently protected under federal statute, though wind energy companies can obtain a five-year permit. The industry pushed for the extension to give developers more “regulatory certainty.”

U.S. District Court Judge Lucy H. Koh determined that the U.S. Fish & Wildlife Service failed to adequately determine the impact of the permits on eagle populations, as required by the National Environmental Policy Act. The lead plaintiff in the lawsuit was Debi Shearwater, a charismatic leader of bird tours along California’s central coast. The American Bird Conservancy was also among the plaintiffs.

When the permits were announced, Audubon was among the groups to express outrage. Audubon President David Yarnold said:

“Instead of balancing the need for conservation and renewable energy, Interior wrote the wind industry a blank check. It’s outrageous that the government is sanctioning the killing of America’s symbol, the Bald Eagle. Audubon will continue to look for reasonable, thoughtful partners to wean America off fossil fuels because that should be everyone’s highest priority.”