EU Species Protection Law and Wind Energy: Current Challenges and Danish Experiences. Anker, H. T. & Olsen, B. E. European Energy and Environmental Law Review, 32(1):36 – 46, Kluwer Law International, 2023. Cited by: 1
EU Species Protection Law and Wind Energy: Current Challenges and Danish Experiences [link]Paper  abstract   bibtex   
This article highlights certain challenges as regards the reconciliation between concerns of climate change, energy security and biodiversity protection, drawing on case law of the Court of Justice of the European Union (CJEU) and the Danish experiences regarding onshore wind energy installations. The EU species protection rules are by many perceived as an obstacle to wind energy development as also reflected in the 2022 Commission proposal to amend the Renewable Energy Directive. However, it is not evident that the proposal will solve the challenges of accommodating the strict direct species protection of, in particular, Annex IV species and birds against deliberate killing or disturbance as determined by the CJEU. The article suggests that rather than setting aside the general environmental impact assessment (EIA) and appropri-ate assessment requirements for Natura 2000 sites, there is a need to revisit the Birds and Habitats Direc-tives, in particular as regards ‘deliberate killing or disturbance’ caused by non-intentional activities with a view to the population level as opposed to the indivi-dual specimen level. © 2023, Kluwer Law International. All rights reserved.
@ARTICLE{Anker202336,
	author = {Anker, Helle Tegner and Olsen, Birgitte Egelund},
	title = {EU Species Protection Law and Wind Energy: Current Challenges and Danish Experiences},
	year = {2023},
	journal = {European Energy and Environmental Law Review},
	volume = {32},
	number = {1},
	pages = {36 – 46},
	url = {https://www.scopus.com/inward/record.uri?eid=2-s2.0-85145305209&partnerID=40&md5=a85607af552ea6284cd5e6d23f655748},
	affiliations = {University of Copenhagen, Faculty of Science, Denmark; Aarhus University, Business and Social Sciences, Denmark},
	abstract = {This article highlights certain challenges as regards the reconciliation between concerns of climate change, energy security and biodiversity protection, drawing on case law of the Court of Justice of the European Union (CJEU) and the Danish experiences regarding onshore wind energy installations. The EU species protection rules are by many perceived as an obstacle to wind energy development as also reflected in the 2022 Commission proposal to amend the Renewable Energy Directive. However, it is not evident that the proposal will solve the challenges of accommodating the strict direct species protection of, in particular, Annex IV species and birds against deliberate killing or disturbance as determined by the CJEU. The article suggests that rather than setting aside the general environmental impact assessment (EIA) and appropri-ate assessment requirements for Natura 2000 sites, there is a need to revisit the Birds and Habitats Direc-tives, in particular as regards ‘deliberate killing or disturbance’ caused by non-intentional activities with a view to the population level as opposed to the indivi-dual specimen level. © 2023, Kluwer Law International. All rights reserved.},
	author_keywords = {Biodi-versity; European Union; Renewables; Species protection; Wind energy},
	keywords = {Denmark; alternative energy; biodiversity; environmental legislation; European Union; species conservation; wind power},
	publisher = {Kluwer Law International},
	issn = {18793886},
	language = {English},
	abbrev_source_title = {Eur. Energy Environ. Law Rev.},
	type = {Article},
	publication_stage = {Final},
	source = {Scopus},
	note = {Cited by: 1}
}

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