• Ruffling Feathers: FERC-FWS MOU on Migratory Bird Protection May Raise Further Obstacles for Pipeline, Transmission and Other Energy Projects
  • May 23, 2011 | Author: John R. Haug
  • Law Firms: SNR Denton - St. Louis Office ; SNR Denton - Chicago Office
  • On March 30, 2011, the Federal Energy Regulatory Commission (FERC) and the U.S. Fish & Wildlife Service (FWS) signed a Memorandum of Understanding on the Conservation of Migratory Birds (MOU). The MOU confirms that these agencies will carefully analyze FERC-regulated pipeline, transmission and other energy development projects that might impact migratory birds, and that they may require expensive mitigation where any such harm might arise. While FERC and FWS, in recent projects, have begun to require extensive analysis and mitigation to protect birds and their habitat under existing laws on an ad hoc basis, this MOU more formally establishes obligations on the agencies and project applicants that can have a significant impact on a project.