Wind Energy Development and Biodiversity - Related International Agreements

FIELD lawyers, in collaboration with lawyers from IUCN's Environmental Law Centre, have drafted a paper entitled, 'Wind Energy and Biodiversity-related Agreements: Emerging Trends' for the Renewable Energy and International Law (REIL) Project. The paper was discussed at the Yale-REIL-REEEP Roundtable on Renewable Energy & International Law held at Yale University's Center for Environmental Law & Policy on 29 April - 1 May 2006, in advance of the Commission on Sustainable Development 14 meeting in New York City.

Key issues for consideration in this area include:

• What studies should be undertaken before onshore and offshore wind farm sites are approved by national governments? Is site-specific pre-construction and post-construction monitoring adequate or must comprehensive regional wildlife studies and comprehensive studies of cumulative environmental impacts be completed prior to construction of individual wind farms?
• The development of guidelines on wind farms pursuant to various of the biodiversity-related treaties will be important in answering this question and should involve input from all relevant stakeholders, including the wind industry.
• What effect will the implementation of potentially more stringent guidelines earlier on in the planning process have on wind farm developers that are part way through the process of obtaining planning permission?
• Careful review will be necessary to ensure that the guidelines are consistent with currently existing guidelines, including those regulating certain aspects of offshore development activities. What is the acceptable threshold for biodiversity losses? Is it "zero mortality" for birds, bats and other species, or is some level of mortality tolerable? This will impact the choice of strategy - i.e. prevention or mitigation.

Click here for a link to the Roundtable webpage

Click here to see a draft of the paper which was discussed