Sixty-eight species of fish, wildlife, and plants are listed as endangered or threatened in the Commonwealth of Virginia.
This is important because Virginia’s Department of Environmental Quality is not tasked with protecting endangered species from utility-scale solar projects that are smaller than 150 MW, according to the Virginia Clean Economy Act.
Instead that responsibility rests with the solar company proposing the project.
The federal Endangered Species Act is clear on the need to protect endangered and threatened species. It’s important to make sure these requirements are being met in all large solar projects being proposed in your county.
Please check these lists of endangered and threatened species by county and by species.
Concerned voters can do a lot to push back on large-scale solar projects on agricultural or forested land in Virginia. Utility-scale solar projects on big-box store rooftops or brownfield land is one thing. But utility-scale solar projects that destroy wildlife habitat and damage the ecological balance of Virginia waterways is another.
Here are some things you can do:
Start a group to attend local government meetings, contact officials, and research projects.
Spread the word to make sure everyone’s voice can be heard in the discussion.
Share some of the resources and information from this website to make sure more Virginians are aware of the negative ecological impact of large-scale solar on our environment.
This webinar was produced by a Virginia law firm specializing in laws and regulations related to water and waterways. This educational and informative video covers stormwater, erosion, and sediment control regulations at industrial construction sites, particularly those affecting the Chesapeake Bay protection areas, and addresses the penalties involved.
Key points include:
Industrial construction sites are defined by the federal Environmental Protection Agency (EPA) as any site that is one acre or larger. This includes all utility-scale solar projects.
Construction sites are regulated by Virginia’s Erosion and Sediment Control Law, which aims to prevent sediment from migrating into Virginia’s waterways.
Sites are also regulated by the Virginia Stormwater Management Act, which was enacted to reduce flooding.
Outside the Chesapeake Bay Preservation Area, these two laws apply to all sites that are one-quarter acre or larger; within the Preservation Area, they apply to all sites that are 2,500 square feet or larger (0.06 acre).
Erosion and Sediment Control Plans, Stormwater Management Plans, and Pollution Prevention Plans must be submitted for all construction sites.
Common problems include developers who do not modify their plans when problems are encountered; who fail to properly control erosion and stormwater according to their approved plans; who fail to keep a log of all grading and stabilization activities on the site; and who fail to document changes to their plans.
Neighboring property owners can seek an injunction to stop work at the site if their property is being damaged, according to Virginia Code §62.1-44.15:63(c).