A Tale of Two Countries: Similarities and contrasts in regulatory requirements for protected bat species relative to the development and operation of wind energy projects in the US and Canada

In recent years, concern has increased for the effect wind energy development may have on bat populations in North America, particularly in the light of the advancing spread of white-nose syndrome. The disease and its impact... [ view full abstract ]

In recent years, concern has increased for the effect wind energy development may have on bat populations in North America, particularly in the light of the advancing spread of white-nose syndrome. The disease and its impact on bat populations occur in both the US and Canada, resulting in government agencies identifying several species of bats as “Species at Risk” or Endangered or Threatened. Thus, these species are afforded regulatory protections provided by relevant legislation.

Wind projects in both the US and Canada must comply with the applicable regulations for listed species, thus impacting the parameters within which wind project proponents are able to develop and operate facilities. Restrictions can be applied at the national, state, provincial, and/or local levels.

We compare and contrast regulatory requirements and protective measures being used in both Canada and the United States. We outline the provisions for bats that are afforded protection under applicable laws and regulatory processes as they apply to the permitting of the construction and operation of wind energy projects in Ontario, Canada and the US. We compare requirements under the Ontario’s Endangered Species Act and the United States’ Endangered Species Act with an emphasis on wind project development and operations, and incidental take permitting process. We compare the regulatory processes, as well as measures for avoidance, minimization, mitigation, and adaptive management in advance of and in response to observed consequences. Lastly, we then consider the associated successes and challenges that wind projects developers have faced on both sides of the border when complying with regulatory provisions for protected species.