UPDATE: February 28, 2013 -- Judge Curiel has denied the plaintiff's motion for summary judgment. Plaintiff's have not yet announced whether they will file an appeal. View decision here.
“The codes are quite clear …You can’t take a Swainson’s hawk. Not even one…There is also no take for Peregrine falcons and owls. If turbine curtailment is good enough for golden eagles, it should be good enough for these species, too.” ----Laurens Silver, attorney for plaintiffs
“It is not the BLM’s role to enforce state law…All through downtown there are glass buildings that could cause a take.” – Marissa Piropato, attorney for the U.S. Bureau of Land Management
By Miriam Raftery
Maris Brancheau also contributed to this report
February 27, 2013 (San Diego) – Is the federal government turning a blind eye to violations of state laws intended to protect raptors (birds of prey) and other wildlife at the Ocotillo Express Wind Facility? That’s the contention of a lawsuit filed by the Desert Protective Council, an environmental group, and others against the U.S. Department of the Interior, Bureau of Land Management (BLM), Secretary of the Interior Ken Salazar, Pattern Energy and others.