New Push for Renewable Energy on Public Lands

New Push for Renewable Energy on Public Lands

The Obama Administration is moving rapidly on renewable energy development and targeting federal public lands and the Outer Continental Shelf for the siting of wind, solar and geothermal plants. The Department of the Interior (DOI) has made several moves in recent months to streamline approval processes and identify lands targeted for development, reports the Wildlife Management Institute. The actions spotlight the difficult balance between promoting clean, renewable energy and ensuring that, in the haste to develop these energy sources, there is not more environmental harm caused in the siting process.

Renewable energy development has been a cornerstone of the Administration's "clean energy economy," but the new push to use federal lands for such development has the potential to impact vast areas of important wildlife habitat. Although industrial wind, solar and geothermal development certainly is clean energy, it is not always "green" energy. In many cases, the targeted development sites are remote and previously undisturbed natural areas. Power generation requires transmission of energy from these remote areas to metropolitan areas, thereby impacting even larger sections of habitat. Coupled with the habitat loss experienced on some western lands for oil and gas development and other forms of development, there are huge potential, cumulative impacts on wildlife and their habitats.

To address potential habitat impacts, the Western Governors Association is working to analyze and designate Western Renewable Energy Zones. In addition, DOI's Wind Turbine Guidelines Advisory Committee is in the final stages of making recommendations for siting guidelines to minimize impacts on fish and wildlife. However, with the momentum from the Administration's policy shifts, incentives from climate legislation and $41 million for DOI from the economic stimulus package, all of which promote development of new renewable energy projects, the question remains whether permitting and development will proceed more quickly than the evaluation of appropriate siting.

Policy shifts for renewable energy development

The first official action to promote renewable energy came in early March, when DOI Secretary Ken Salazar issued a Secretarial Order making the production, development and delivery of renewable energy top priorities for the Department. As part of this, the order establishes an energy and climate change task force to oversee the expansion of renewable energy development. A key component of the order, and the top charge for the task force, is the establishment of renewable energy zones in which DOI would facilitate a "rapid and responsible move to large-scale production of solar, wind, geothermal, and biomass energy".

To accomplish this, the Secretary also expressed the need for a comprehensive and cooperative electric transmission infrastructure and corridors to carry the energy to population centers: "We will assign a high priority to identifying renewable energy zones and completing the permitting and appropriate environmental review of transmission rights-of-way applications that are necessary to deliver renewable energy generation to consumers. We have to connect the sun of the deserts and the wind of the plains with the places where people live."

Then, in early May, Salazar announced that DOI would be opening four renewable energy permitting offices (in California, Nevada, Wyoming and Arizona) and creating renewable energy teams for states that will not have separate offices. The primary purpose of these offices and teams will be to expedite applications, processing, reviews and permitting of renewable energy projects. At the announcement, the Secretary cited the backlog of some 200 solar energy and more than 25 wind project applications as the impetus for the offices. The new focused permitting offices will allow DOI to "swiftly complete reviews on the most ready-to-go renewable energy projects."

On June 29, Secretary Salazar announced initiatives that would "fast-track" solar energy development on western public lands including designating 670,000 acres as Solar Energy Study Areas. "We are putting a?? bull's-eye on the development of solar energy on our public lands," he stated.

The U.S. Bureau of Land Management's (BLM) ongoing Programmatic Environmental Impact Statement (PEIS) for solar development will be expanded to include an in-depth analysis of potential impacts of utility-scale solar energy development in the 24 Solar Energy Study Areas. The objective is to provide landscape-scale planning and zoning for solar projects, to allow a more-efficient process for permitting and siting responsible energy development. The evaluation will assess areas with key criteria (excellent solar resources, suitable slope, proximity to roads and transmission lines or designated corridors, and containing at least 2,000 acres of BLM-administered public lands) for their environmental and resource suitability as large-scale solar energy facilities. While it is working on the PEIS, the BLM will continue to process existing solar applications with most expected to be approved before the PEIS is completed and, therefore, not subject to its requirements.

Red flags rising

A growing number of conservation and environmental groups are raising concerns about this latest push for development on federal public lands. "Global warming is the greatest threat facing fish, wildlife and ecosystems, so it is imperative that we quickly begin building the renewable energy resources that will move us into a clean energy economy," commented John Kostyack, the National Wildlife Federation's Executive Director for Wildlife Conservation and Global Warming. "But we must ensure that in developing wind, solar and other renewable energy, we do not cause irreparable damage to our fish and wildlife heritage."

Organizations were generally pleased with the proposal to evaluate siting for solar energy more closely, but others noted that the zones could wipe out important habitats for such species as desert tortoises and negatively impact other sensitive species, such as desert bighorn sheep. In addition, groups questioned why a similar approach has not been taken for wind and geothermal energy developments. Still others are raising concerns about how the cumulative impacts of renewable energy, transmission corridors and traditional oil and gas development will have on the public lands network. "The blank spots on the maps for traditional energy development are the hot spots for renewables," said Steve Belinda, energy initiative manager for the Theodore Roosevelt Conservation Partnership.

Even a Congress that is largely supportive of renewable energy development is raising questions about the pace and potential impacts. Language in the Senate's Interior Appropriations Committee report directs DOI and the USDA Forest Service to submit a report on the criteria for siting renewable energy projects, a detailed strategic plan on how the agencies will coordinate their development, an analysis of the useful life of renewable energy sites and how infrastructure will be removed when no longer functional.

California Senator Dianne Feinstein is expected to introduce legislation to protect 600,000 acres of desert in California that is targeted for renewable energy. Much of the land was acquired within the last 10 years, following passage of the California Desert Protection Act and at an expense of more than $50 million from federal and private investments. "While I strongly support renewable energy," Feinstein wrote to Secretary Salazar in March, "it is critical that these projects move forward on public and private lands well suited for that purpose. Unfortunately, many of the sites now being considered for leases are completely inappropriate and will lead to the wholesale destruction of some of the most pristine areas in the desert." Feinstein also asked that the Department suspend further consideration of leases until it could work with her on her legislation and with other entities to evaluate the most appropriate development sites, to which the BLM declined.

History repeating?

After eight years during which oil and natural gas leases expanded to cover more than 47 million acres of federal public lands, the potential cumulative effects on wildlife and their habitats could be great. Some of the early actions taken by the Obama Administration are reminiscent of actions by the Bush Administration to promote energy development on federal public lands. The Policy statement from Salazar's March 2009 Secretarial Order reads:? "Sec. 4 Policy: Encouraging the production, development, and delivery of renewable energy is one of the Department's highest priorities. Agencies and bureaus within the Department will work collaboratively with each other, and with other Federal agencies, departments, states, local communities, and private landowners to encourage the timely and responsible development of renewable energy and associated transmission while protecting and enhancing the Nation's water, wildlife, and other natural resources."

The language is strikingly similar to Executive Order 13212 issued by President Bush in May 2001:? "Sec. 1 Policy: The increased production and transmission of energy in a safe and environmentally sound manner is essential to the well-being of the American people. In general, it is the policy of this Administration that executive departments and agencies shall take appropriate actions, to the extent consistent with applicable law, to expedite projects that will increase the production, transmission, or conservation of energy."

Both administrations created specialized permitting offices and capabilities to process development applications more rapidly and efficiently. In addition, each Administration created task forces to oversee the policy and planning for energy development. In each instance, there are strong imperatives for having energy independence and encouraging preferred industries and technologies to use public lands for energy production.

Better planning and guidance

Few can argue the importance of ensuring America's energy needs and of being able to produce that energy domestically. Research during the last Administration showed the public's support for these goals. However, the need to proceed responsibly with the best available information for all potential development is being urged. Several initiatives are underway to try to determine the most appropriate siting considerations and even to establish a "road map" for sensible development.

At the June meeting of the Western Governors' Association (WGA) meeting, the governors signed two potentially conflicting agreements?one to identify key corridors essential for the protection of the West's wildlife, and the other to establish "Western Renewable Energy Zones" (WREZ), including a network of transmission corridors. Both initiatives still are in early phases of development and implementation, and WGA staff, committees and federal agencies report that they are working closely to ensure an appropriate balance.

At the WGA meeting, governors along with Secretary of the Interior Salazar, Secretary of Agriculture Tom Vilsack and Secretary of Energy Steven Chu signed a Memorandum of Understanding agreeing to partner in the enhancement of state wildlife data systems that will improve the decision-making process as renewable and fossil energy resource developments are planned and transmission lines and highways are considered. "In 2007, the WGA began this effort to better protect wildlife corridors and key habitats, and we continue to make substantial progress with the help of the Western Governors' Wildlife Council, which we established this past year," said Montana Governor and Chairman of the WGA, Brian Schweitzer. "We urge the Secretaries to have their agencies work closely with our council in developing these systems to help minimize impacts to the wildlife that are such a vital part of our Western heritage, landscape and economy."

Other groups are also venturing into mapping projects to evaluate wildlife impacts from renewable energy development. The American Wind Wildlife Institute (AWWI), a collaborative nonprofit organization comprised of conservation organizations, government agencies and industry representatives, is beginning a landscape-mapping project. It will identify both sensitive wildlife areas at potential wind development sites and large areas that are likely to have low wildlife risk where wind development could be prioritized for project development at state and regional scales. The Nature Conservancy, which has extensive capabilities and experience in landscape-level geographic information system mapping, is the contractor for the project. In addition, the Audubon Society and the Natural Resources Defense Council, supported by Google.org Geo Challenge Grants, have created Google Earth maps to support renewable energy planning and development by facilitating siting decisions. The maps and data layers identify areas where land use is legally restricted and other areas that should be avoided in energy development, including habitats critically important to wildlife (in particular, critical habitat for the Greater Sage-grouse). "We must strike a winning balance to meet growing energy needs and this project shows we can," said Frances Beinecke, President of the Natural Resources Defense Council. "This map demonstrates a way forward for renewable energy development and protection of our wildlife and landscapes across the West."

Further on siting considerations for wind development, the DOI federal Wind Turbine Guidelines Advisory Committee announced in mid-June its third draft of recommendations to the Secretary on voluntary siting guidelines. The Committee, made up of representatives of state agencies, industry and conservation groups, was tasked with evaluating the siting and operation of large wind developments to minimize impacts to wildlife and their habitat. The Committee's guidelines are intended to provide best management practices for wind energy/wildlife interactions and result in greater regulatory certainty for wind developers. The Committee met in early July to review the current round of recommendations. A new draft is expected in the coming weeks, and the next meeting is scheduled for early September. With the Committee's charter expiring in late October, it will submit its final recommendations to the Secretary in early fall. However, the internal review and implementation of the guidelines within the DOI could take another year or two.

Behind the curve?

While independent activities are moving forward with ways to evaluate the potential impacts of renewable energy development, the question remains whether it will be too late for this latest push to use federal public lands. The DOI is working to expedite permits and regularly asserts a vision that will see numerous projects in development by the end of the year. Yet, the WGA's Wildlife Corridors and WREZ initiatives are in the early stages of developing maps and databases. So far they have not overlaid the targeted renewable energy zones with key wildlife corridors, let alone included lands leased for traditional fossil fuel development. The federal wind-siting guidelines have at least a year before being finalized and implemented. How the Obama Administration's vision for a "clean energy economy" will co-exist with wildlife conservation will depend on how conservation planning is integrated before development begins in earnest. (jas)

July 16, 2009