By David Wojick
A programmatic EIA is a comprehensive analysis of the cumulative impacts of the massive wind development underway in Wyoming. The growing adverse impact on golden eagles and other wildlife is especially disturbing. What can be done to limit the damage is a big part of the assessment.
There is NEPA language for this. It is called a “Programmatic Environmental Impact Statement (PEIS)” looking at “cumulative effects”. The Feds completed two back in 2024. The first one was for multiple offshore wind projects in the New York Bight. They then completed one for the five proposed floating wind projects off California. These are a good precedent for Wyoming.
Of course, both these offshore wind studies were Biden era greenwash jobs that mostly ignored the obvious adverse impact on protected whales and other marine mammals. This does not mean that a good PEIS cannot be done for Wyoming.
A good start on the PEIS issues can be found in the numerous comments already filed in opposition to individual Wyoming wind projects. For example, the Two Rivers Project received over a hundred pages of detailed technical comments, many regarding the extreme threat to golden eagles. Two Rivers is part of what is called the growing “wall of wind” in southeastern Wyoming.
The Two Rivers comments are here.
One of the best is “Comments on Environmental Assessment of the Two Rivers Wind Energy Project on behalf of National Audubon Society and the Wyoming Outdoor Council.” It is really a 17-page research report including lots of data and maps. See letter #16 of 18.
Here are two quick quotes to give the flavor of Audubon’s objections to the project:
“Wyoming is home to the largest breeding population of Golden Eagles in the lower 48 states and provides critical habitat for wintering and migrating individuals; the state contains some of the most valuable areas for long-term conservation in the western United States”
This one specifically refers to cumulative effects:
“Inadequate protections in a Golden Eagle stronghold experiencing high growth in wind development risks the project area becoming a “population sink” (aka: ecological trap) – an area Golden Eagles are strongly attracted to where they experience high mortality, leading to continued population level declines. When year-round breeding eagles experience mortalities, “floater” eagles are likely to be the ones that fill territory vacancies, which themselves also face the same fate, a downward population spiral becomes possible. Several existing wind developments (Dunlap and Ekola Flats) are located adjacent to Phase I-III. The proposed Lucky Star Wind Project would be adjacent to Phase IV, among others.”
These telling technical comments, and myriad more filed on other projects, need to be incorporated and addressed in a proper PEIS.
A NEPA PEIS is a federal action, but the State of Wyoming could also conduct a thorough assessment of the cumulative adverse impact of runaway wind power. In some ways, it is better positioned to do so.
NEPA only applies to federal agency decisions, although it can include consideration of non-federal activities that those decisions facilitate, including wind facilities. Moreover, while there is federal protection for endangered species, as well as for golden eagles under the Eagle Protection Act, there is little protection for the many other species threatened by deadly wind turbines.
In contrast, the Wyoming Game and Fish Commission (and Department) operate under a statutory requirement to care for all Wyoming wildlife. Their website puts it this way:
“In 1937, the Wyoming Legislature granted the Commission authority over all wildlife matters and allowed financial independence. Since then, Wyoming Statute 23-1-103 has guided our work in stating, ‘It is the purpose of this act and policy of the state to provide an adequate and flexible system for control, propagation, management, protection and regulation of all Wyoming wildlife.’“
It would be best if the Feds and Wyoming teamed up on a comprehensive assessment of how to control the adverse impact of wind generation on wildlife, especially golden eagles. That this assessment needs done is now beyond question.
