Opponents of a 200 turbine at Mount Storm, W.Va., will have their case heard by the state Supreme Court in April. The project was approved by the West Virginia Public Service Commission and a circuit court judge turned down a previous appeal by opponents to reverse the WVPSC decision, the Cumberland Times-News reported. NedPower, a Dutch company, received permits and has begun land clearing and early construction.

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.

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 124-turbine wind farm being built by Rockville-based Beech Ridge Energy would put the lives of endangered Indiana bats, and other bat species, in danger, according to the plaintiffs -- The Animal Welfare Institute, Mountain Communities for Responsible Energy and David G. Cowan. Plaintiff's witness Michael Gannon, a bat biologist and professor at Pennsylvania State University, said he is "very much in favor" of wind energy, but remains concerned that this project could have a devastating effect on the Indiana bat.

Liberty Gap Wind Force has decided not to ask the state Public Service Commission to reconsider its decision to deny a siting application for a wind turbine facility on Jack Mountain. Liberty Gap attorney Anthony P. Tokarz informed PSC Executive Secretary Sandra Squire on Thursday that the company would not file a petition for reconsideration. Tokarz did not make any other comment. Developers Have Options Frank Maisano, spokesman for a coalition of wind developers in West Virginia, said Liberty Gap still has two alternatives: to appeal to the state Supreme Court within 30 days or to refile the application. "That is still an option," Maisano said of the second choice.

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.