On May 8th 2007, eleven citizens' groups filed a Sixty Day Notice of Intent to Sue regarding the company NedPower Mt. Storm, and its corporate owners Dominion Resources, and Shell Wind Energy. The Notice alleges violations of the Endangered Species Act, involving the West Virginia northern flying squirrel, the Indiana bat, and the Virginia big-eared bat. The Notice also raises concerns about impacts to bald and golden eagles and migrating birds that are protected under the Migratory Bird Treaty Act. The citizens' groups are demanding that the industrial wind corporation apply for an incidental take permit, and modify or stop construction of this project, before irreparable harm is done to West Virginia's natural heritage.

The prospect of thousands of endangered bats flying to their deaths in West Virginia wind turbines soon could get consideration in federal court because of Judy Rodd. The 63-year-old is the president of Friends of Blackwater Canyon, which recently joined 10 other groups in filing a "notice of intent" with the Fish and Wildlife Service to sue a wind company on Endangered Species Act grounds. The organizations warned of potential turbine kills of the Indiana bat, Virginia big-eared bat and Virginia northern flying squirrel. "Yes, we're concerned about climate change," said Rodd in a phone interview. "But that doesn't mean they can't build the turbines somewhere else and let the bats live."

Eleven citizen and environmental groups in West Virginia and Maryland have filed a 60-day notice about their intent to sue a wind power project. They say the huge turbines from the NedPower Mount Storm project would kill endangered bats and squirrels near the Dolly Sods Wilderness Area. The groups also will sue corporate owners Dominion Resources and Shell Wind Energy for violating the Endangered Species Act, according to Judy Rodd, director of Friends of Blackwater Canyon, based in Charleston. ...Landowners who live near the project also have filed a nuisance suit against NedPower citing concerns about their health and safety, as well as reductions in their property values.

Late last week, eleven citizens groups filed a Sixty Day Notice of Intent to Sue NedPower Mt. Storm and its corporate owners Dominion Resources, and Shell Wind Energy for violations of the Endangered Species Act involving the "takes" of the West Virginia northern flying squirrel, the Indiana bat, and the Virginia big-eared bat. The letter, sent to the Fish and Wildlife Service, NedPower and the West Virginia Public Service Commission, also raises concerns about impacts to bald and golden eagles and migrating birds protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Acts. The groups are demanding that the industrial wind corporation apply for an incidental take permit and modify or stop construction of this project before irreparable harm is done to West Virginia's natural heritage.

Freedom Works is planning the project to span the ridge line running along the border between Va. and West Va. The line runs from approximately five miles north of Woodstock to about five miles South of Mount Jackson, along the Western horizon. This would cover eighteen miles of ridgeline, in two states (Virginia and West Virginia), and three counties (Hardy in West Virginia, and Shenandoah and Rockingham in Virginia.) The timeline for the project runs from as short as a two-year, permit-gathering phase (followed by one to two years of construction) to a completion date as far off as the year 2040. When asked about a reported 2010 completion date for the project, Jim Smalls, district ranger for the Lee Ranger District within which the project is being planned, simply said, "I find that optimistic."

Proposals for wind farms in the Valley are whipping up opposing viewpoints about the structures' effects on wildlife, local vistas and energy production. Opponents say the turbines, each hundreds of feet tall, would mar the local landscape and endanger bats and birds, some of which are federally protected. But proponents say the farms can be built with minimum impact on the environment to offer clean, alternative energy and a break from the nation's dependency on foreign oil. ...After studying maps and coordinates provided by the Federal Aviation Administration, consultant D. Daniel Boone, a conservation biologist and policy analyst, said the FreedomWorks' project could negatively affect untouched areas of the George Washington National Forest. "Other than a power line and one small road which crosses between Hardy and Shenandoah counties, the project area is completely undisturbed forest with no sign of logging roads or clear-cuts," Boone stated.

When he received a reply from the U.S. Fish and Wildlife Service about its correspondence with Liberty Gap, the information included a Nov. 16, 2007 letter from the agency to Wendy Tidhar of WEST, Inc. based in Cheyene, Wyo. WEST apparently represents an unnamed wind energy developer exploring a site on federal national forest property that would affect Pendleton and Hardy counties in West Virginia, and a portion of Rockingham County in Virginia. What the USFWS told Tidhar, says Thomas, is promising for those who have for years stressed the need to protect the environment, birds and bats in particular, from a potential proliferation of wind turbine towers along the Appalachian Front. The USFWS West Virginia Field Office told Tidhar, "We recommend that you consider alternative locations for this wind power facility because the proposed site is a high risk site, and wind power operations at this location pose a reasonable likelihood of take of species protected by the Endangered Species Act, the Migratory Bird Treaty, and Eagle Act."

The Liberty Gap wind energy project planned for the border of Pendleton and Highland counties did not get approval from West Virginia's Public Service Commission last year, but that doesn't mean the company is giving up. According to Pendleton County residents opposed to the project, the developer is moving ahead, attempting to get its application rewritten for a better chance of approval. The West Virginia Public Service Commission had noted several deficiencies in the company's application, including insufficient information on historic resources, site maps, and environmental protect. The grassroots effort to stop the Liberty Gap project was spearheaded by Friends of Beautiful Pendleton County, and according to one of its members, Larry Thomas, it cost $87,000 to challenge the company's application. But Liberty Gap has regrouped and learned from its mistakes, and the next round might cost opponents as much as $250,000.

Congressman Alan Mollohan sent an 11-page letter to the state Division of Energy officials last week, criticizing a new state plan for developing industrial wind power sites, primarily in the state's northeastern counties. State plans "entirely disregard the serious environmental concerns" raised by a number of critical studies prepared by the National Academy of Sciences, the U.S. Fish and Wildlife Service and the U.S. Government Accountability Office, said Mollohan, D-W.Va. Citing state marketing efforts touting the state's scenic vistas and calm pace, he asked, "How do rows of 400-foot-high industrial and wind turbines, spread out over thousands of acres of ridgelines, fit into that picture?" ...James Webb, a University of Virginia research scientist, recently found that the Mountaineer Project in Tucker County operated at only 9 percent of its capacity during the month of August. Webb calculated it would typically take nearly 3,000 huge wind turbines to match the power output of one conventional electric power plant.

Appalachian states lack strong and detailed guidelines to regulate the continued growth of wind power facilities along the Mid-Atlantic highlands, according to a new study by the National Academy of Sciences. A team of academy experts concluded that wind power can help offset the greenhouse emissions caused by coal and other fossil-fuel energy sources, but the projected growth of wind power in West Virginia, Virginia, Maryland and Pennsylvania creates potential threats to bird and bat populations that are not fully understood, the academy study found. Windmill "farms" also can cause other environmental problems and create legitimate aesthetic concerns for local communities - ranging from damage to scenic vistas to noise and "shadow flicker," a strobe-like effect created by rotating turbines, the report found. "The United States is in the early stages of learning how to plan for and regulate wind-energy facilities," says the report, compiled by the National Academy's National Research Council. The report said the cumulative effects of continued growth in wind power are unclear, and that further study is needed.

Washington, DC (HNN) -- U.S. Rep. Alan B. Mollohan, D-WV on Tuesday, May 1, 2007, testified before the U.S. House of Representatives Fisheries, Wildlife and Oceans Subcommittee on the impacts of wind turbines on birds and bats. Below is Mollohan's testimony:

WASHINGTON - An unusual coalition of conservationists and coal advocates told Congress on Tuesday that before the nation continues its rapid expansion of wind power, an assessment is needed of how many bats and birds are maimed and killed by wind turbines' blades. That study should be followed up with regulations to protect those species, witnesses told a House Natural Resources subcommittee.

After being twice urged to do so by the U.S. Fish and Wildlife Service, Liberty Gap LLC has volunteered to seek a permit for the incidental “take” of endangered species. In doing so, the company has asked the West Virginia Public Service Commission not to consider its proposed wind energy project’s impacts on other wildlife. But PSC staff has urged the commission to deny that request.

Details and a registration form are available at the link below for the Wildlife and Wind Energy Conference to be held on Saturday, December 2, 2006 at Kutztown University in Kutztown, PA USA.

Some industry officials speak out against three-year pre-construction monitoring period.

LEWISBURG — One environmental concern over the proposed 124-turbine wind farm slated for northern Greenbrier County is the number of birds and bats killed each year by the blades of the nearly 400-foot-tall structures, but whether bats can put a halt to the $300 million project remains to be seen.

CUMBERLAND - Critics of the Nedpower wind farm project at Mount Storm in Grant County, W.Va., have alleged that the company is violating the federal Endangered Spe-cies Act as well as other environmental concerns. The company is the developer of a wind farm project that is expected to generate almost as much electricity as all the other wind farms in Pennsylvania, New York and West Virginia combined.

The speakers were met with a bit of skepticism, however, as Commissioner Wayne Spiggle questioned them about their proposed relationship with existing industries and the possible environmental impact on winged creatures.

Thomas, W.Va. --- Towering up to 228 feet above the Appalachian Mountain ridge, windmills are lined up like marching aliens from "War of the Worlds." Up close, they emit a high-pitched electrical hum. From a distance of a few hundred yards, their 115-foot blades make a steady whooshing sound as their tips cut through the air at up to 140 mph.

"We need to anticipate all of the benefits as well as the consequences, and fashion policy on the front end," the 1st District Democrat said in a telephone interview with The Associated Press.