With Ohio wind projects under consideration, Indiana bat stops wind turbine development in West Virginia

December 10, 2009

http://ohioaglaw.wordpress.com

 

The development of wind farms is a controversial land use issue in Ohio, as in other states.  Arguments abound on both sides and revolve around private property rights, community land use planning, green energy, preservation of open landscapes and wildlife impacts.  It is this last factor–impacts on wildlife–that convinced a federal court to halt a wind development project in the Appalachian mountains of West Virginia, much to the dismay of developers of the $300 million project.

The Beech Ridge wind energy project involves construction of 122 wind turbines along  the ridgeline of the Appalachian mountains in Greenbrier County.   About forty of the turbines are currently in the construction phase, but the federal court has issued an injunction stopping construction of any additional turbines and limiting existing turbine use to the bat’s winter hibernation period.  The reason:  project developers failed to take seriously the issue of harm to the Indiana bat.   The Indiana Bat is on the list of “endangered” species, and interference with the animal or its habitat is prohibited by the federal Endangered Species Act (ESA).   The wind project developers did hire an environmental consultant to examine the situation, but the consultant repeatedly disregarded information and advice from the U.S. Fish and Wildlife Service (FWS) that would have more accurately identified the Indiana bat population.   The court critized the consultant’s efforts, stating that “[s]earching for bats near proposed wind turbine locations for one year instead of three, looking in one season rather than three, and using only one method to detect bats was wholly inadequate to a fair assessment.”  Later surveys revealed the existence of two caves within ten miles of the project that are home to hundreds of bats, including Indiana bats, and evidence suggested that nearly 7,000 bats would die each year because of the project.

 

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