Protecting vulnerable species while achieving renewable energy goals
January 14, 2025
Drew Gamils
Senior Attorney
Balancing development and conservation is a constant challenge, even when it comes to renewable energy. On one hand, the world needs to build renewable energy infrastructure to move towards a sustainable future. On the other hand, we must protect wildlife and critical habitat areas to maintain healthy ecosystems.
A creative way to address this challenge is with something called a mitigation bank fund, which helps developers satisfy environmental protection requirements while allowing them to move forward with renewable energy projects. This type of fund helps offset potential negative impacts of development on species and habitats by funding separate projects that provide environmental benefits, such as creating new habitat, removing or reducing threats to species, or related research.
Recently, the New York State Department of Environmental Conservation (NYS DEC) released proposed new rules for managing New York State’s Endangered and Threatened Species Mitigation Fund. This fund, created in 2020, will be supported by payments from developers building large renewable energy or electric transmission projects. The NYS DEC can use the fund to help protect endangered or threatened species that might be negatively impacted by these projects. The NYS DEC has said it hopes that the fund will protect critical habitats and populations of endangered and threatened species while also supporting the state’s efforts to achieve its renewable energy goals.
Here’s how it works:
- Project Impact Assessment: Developers are required to assess the impacts their proposals could have on endangered or threatened species. If they find potential negative impacts, developers must explore ways to avoid and minimize these impacts.
- Offsite Mitigation Evaluation: If avoiding harm is not possible, the NYS DEC will evaluate whether the anticipated impacts to endangered or threatened species can be effectively mitigated by an offsite project.
- Payment Amount Determination: If the NYS DEC and developers decide on mitigation measures to offset a project’s negative environmental impacts, the agency will then determine how much the developer should pay into the mitigation fund. This fee is based on a variety of considerations, including the nature of the impact, which species are impacted, and the estimated cost for the NYS DEC to implement conservation measures.
- Use of Deposited Funds: The fund can be used by the NYS DEC to implement conservation measures that will benefit endangered and threatened species potentially impacted by a project.
While Riverkeeper believes the idea of a mitigation bank fund is promising, we have raised concerns about the scope, detail, and impact of the NYS DEC’s proposed rules themselves. Without significant revisions, the NYS DEC’s broad and ambiguous regulations may lead to delays when implementing conservation measures, ineffective mitigation projects, and administrative challenges. The NYS DEC must address such concerns to ensure the regulations are clear, effective, and equitable.
Riverkeeper has submitted detailed comments to the NYS DEC to help refine the proposed rules and create a system that balances conservation with renewable energy development, ensuring a sustainable and biodiverse future for the state.
Riverkeeper remains hopeful that the NYS DEC will implement the ideas in our comments and incorporate public feedback to improve the regulations. This will make the fund a strong tool to protect vulnerable species and advance renewable energy projects.
Read our full comments here.
Riverkeeper protects and restores the Hudson River, and safeguards drinking water supplies through community partnerships, science, and law. Our core programs improve water quality, restore habitat for an abundance of life, and address the impact of climate change on our waterways. Founded in 1966 as the Hudson River Fishermen’s Association, Riverkeeper became the model for more than 320 Waterkeeper organizations around the world and helped establish globally-recognized standards for waterway and watershed protection. We continue to work toward the goal of a swimmable, fishable, and drinkable Hudson River for all. Learn more, get updates, and support our work by visiting riverkeeper.org