Wind energy in Indian country: a study of the challenges and opportunities facing South Dakota tribes

South Dakota Law Review, Fall, 2009 by Patrick M. Garry, Candice J. Spurlin, Derek A. Nelsen

(22.) See generally Gough, supra note 10.

(23.) Interview with Ken Haukaas, Rosebud Sioux Tribe, in St. Francis, S.D. (Oct. 17, 2008).

(24.) Gough, supra note 10.

(25.) See Haukaas, Wind Farm, supra note 2, at 6. The anemometers are still collecting and reporting data as they remain in operation. Id. Attachment A at 5. The existing tower is used for communications purposes and is over 200 feet tall. Id.

(26.) Haukaas, Wind Farm, supra note 2, at 6.

(27.) Id.

(28.) Id.

(29.) Id. Attachment A at 2.

(30.) Id. Attachment A at 2-4.

(31.) Id. Attachment A at 17.

(32.) Id. Attachment C at 24. See MARVIN HARRIS & ORNA JOHNSON, CULTURAL ANTHROPOLOGY 4 (5th ed. 2000) ("Ethnography literally means 'a portrait of a people.' An ethnography is a written description of a particular culture--the customs, beliefs, and behavior--based on information collected through fieldwork.").

(33.) Haukaas, Wind Farm, supra note 2, Attachment C at 24.

(34.) Id. Attachment C.

(35.) Id. Attachment C. These precautions included the addition of two cultural resource specialists. Id. Attachment C. These specialists administered the study and recommended that further testing be conducted on the grounds where the building would occur and also that a cultural resource specialist be at the site throughout the construction phase to be cognizant of any artifacts that may be unearthed. Id. Attachment C. The cultural resource specialists interviewed seventeen tribal members and one non-tribal member who were familiar with the location at issue. Id. Attachment C. These interviews yielded information about the use of this area for religious ceremonies many years earlier. Id. Attachment C.

(36.) Id. Attachment C.

(37.) Id. Attachment C at 21-23.

(38.) Martin J. Pasqualetti et al., Living with Wind Power in a Hostile Landscape, in WIND POWER IN VIEW: ENERGY LANDSCAPES IN A CROWDED WORLD 153,161 (2002).

(39.) See Roy Fuller, Wind Energy Development on BLM Lands, 24 J. LAND RESOURCES & ENVTL. L. 613, 621 (2004) (citing AMERICAN WIND ENERGY ASS'N, Wind Energy Fact Sheet 1-4 (2001)).

(40.) The United States Geological Society has decided to conduct a study on breeding song birds in the Owl Feather War Bonnet area. Interview with Ken Haukaas, Rosebud Sioux Tribe, in St. Francis, S.D. (Feb. 10, 2009). This study will focus on whether the bird population is detrimentally affected by the wind farm. Id.

(41.) Haukaas, Wind Farm, supra note 2, Attachment Cat 21-23.

(42.) Id. Attachment C at 21.

(43.) Id. Attachment C. The United States Fish and Wildlife Service provided information on the potential species that could be adversely affected by the project. Id. Attachment Cat 22. Of special interest were the endangered American burying beetle, the threatened bald eagle, and the western prairie fringed orchid. Id. Attachment C.

(44.) Haukaas, Wind Farm, supra note 2, at 2-4.

(45.) Id. at 4-5.

(46.) Id. at 4.

(47.) Id.

(48.) DISGEN--Distributed Generation Systems, Inc., http://www.disgenonline.com/aboutus.html (last visited Feb. 25, 2009).