Finding “that there is a virtual certainty that construction and operation of the Beech Ridge Project will take endangered Indiana bats in violation of Section 9 of the” Endangered Species Act, federal district court judge Roger W. Titus enjoined the project from further construction and non-winter operation unless and until an incidental take permit (ITP) is obtained from the Fish and Wildlife Service. Recognizing that Defendants created this “self-imposed plight,” Judge Titus explained that “the only avenue available to Defendants . . . is to do belatedly that which they should have done long ago: apply for an ITP.” As plaintiffs Animal Welfare Institute, Mountain Communities for Responsible Energy, and Dave Cowan advocated throughout this lawsuit, Judge Titus agreed: “The development of wind energy can and should be encouraged, but wind turbines must be good neighbors.” Download the opinion and order here, and the press release here.
Created by the public interest law firm Meyer Glitzenstein & Crystal in Washington, D.C.
