Bats win over windmills in federal court ESA case. Read case & analysis
This is an interesting case that readers may already be familiar with.Below are excerpts from pro-wind lawfirm's Stoel Rives analysis of how that federal judge considers windmills and endangered species. Read Full article
"On Decewmber 8, 2009, United State District Court Judge Roger W. Titus issued an injunction halting the construction of the Beech Ridge wind project in Greenbrier County, West Virginia (the "Project") to protect the Indiana Bat, a species listed as "endangered" under the Endangered Species Act ("ESA"). The ruling is the first of its kind in the law developing around the intersection of wind project development and the ESA, and provides valuable guidance for future wind projects that may encounter protected species.
"Judge Titus' Ruling First ruling that the ESA provides for injunctive relief to prevent future actions that will take listed species, Judge Titus considered (1) the requisite degree of certainty under the ESA that a take would occur and (2) whether, under that standard of certainty, the evidence demonstrated that the Project would take Indiana bats."
"Considering all the evidence, Judge Titus first held that Indiana bats were present in the vicinity of the Project. Judge Titus then found that there was a "virtual certainty" that Indiana bats would be imminently harmed or killed by the Project.
Here, the judge rejected the Defendants' assertion that bats would not fly high enough to encounter wind turbines, deferring to the Plaintiffs' experts, who opined that bats would fly high enough to be harmed by the turbines. Judge Titus concluded that injunctive relief was warranted and that the only way the project could continue was with the issuance of an ITP issued under Section 10 of the ESA."
"Specifically, for wind project developers, the decision highlights the importance performing diligent site assessments for protected species, working cooperatively with agency personnel, hiring qualified and thorough consultants, and obtaining counsel with specific experience in the intricacies of the ESA permitting framework."
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Comment
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Comment by Long Islander on April 10, 2010 at 9:19am
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I noticed there are several Invertebrates on the Maine Endangered Species Program/State List available at: http://www.maine.gov/ifw/wildlife/species/endangered_species/state_...
I didn't research their ranges to see if those contain wind turbines or proposed turbine sites.
Does anyone know whether studies have been done to assess the effects of wind turbines on these species? One would think that some could fly high enough to be at blade height. If anyone has any information on this, I would be curious about possible collisions but also other possible effects, such as pressure changes.
Butterflies and Skippers
Clayton's Copper (Lycaena dorcas claytoni)
Edwards' Hairstreak (Satyrium edwardsii)
Hessel's Hairstreak (Callophrys hesseli)
Juniper hairstreak (Callophrys gryneus)
Katahdin Arctic (Oeneis polixenes katahdin)
Dragonflies and Damselflies
Rapids Clubtail (Gomphus quadricolor)
Mayflies
Flat-Headed Mayfly (Roaring Brook Mayfly) (Epeorus frisoni)
There are also the following recommended additions to this list from 2007. http://www.maine.gov/ifw/wildlife/species/pdfs/etlist_recommendatio...
Butterflies and Skippers
Juniper Hairstreak (Callophrys gryneus) (New listing)
Dragonflies and Damselflies
Rapids Clubtail (Gomphus quadricolor) (New listing)
Threatened Species
Butterflies and Skippers
Purple Lesser Fritillary (Boloria chariclea grandis) (New listing)
Sleepy Duskywing (Erynnis brizo) (New listing)
Dragonflies and Damselflies
Boreal Snaketail (Ophiogomphus colubrinus) (New listing)
Ringed Boghaunter (Williamsonia lintneri) – Down-list from Endangered
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Comment by Ron Huber on April 10, 2010 at 12:53am
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http://www.maine.gov/ifw/wildlife/species/endangered_species/specie... is a link to state's list of state and federally endangered & threatened animals, plants and others. It advises to check each edition of the DIFW's annual Wildlife Division Research and Management Reports Scroll down to t"Endangered and Threatened Species Conservation"
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Comment by Joanne Moore on April 9, 2010 at 11:16pm
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Ron, Are there any endangered species here in Maine where turbines are going? I thought the bald eagle was endangered but found out it has been de-listed. How about peregrine falcons?
Maine as Third World Country:
CMP Transmission Rate Skyrockets 19.6% Due to Wind Power
Click here to read how the Maine ratepayer has been sold down the river by the Angus King cabal.
Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT
******** IF LINKS BELOW DON'T WORK, GOOGLE THEM*********
(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/
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Hannah Pingree on the Maine expedited wind law
Hannah Pingree - Director of Maine's Office of Innovation and the Future
"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."
https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/
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