The U.S. Fish and Wildlife Service has announced it will prepare an Environmental Impact Statement (EIS) for a proposed issuance of an incidental take permit (ITP) under section 10(a)(1)(B) of the Endangered Species Act (ESA) in response to an application from a coalition of nine energy companies that wish to conduct upstream and/or midstream oil and gas activities within West Virginia, Ohio and Pennsylvania. The November 25 Federal Register Notice indicates that 5 different species of bats would be potentially subject to incidental taking if the permit requested is granted. While the EIS that will be prepared does not directly involve pipeline projects that ABRA is following, the development bears scrutiny concerning its possible precedential implications.
Fish and Wildlife to Consider Incidental Taking of Endangered Species