Library filed under Impact on Bats from Maryland
Developing and implementing a habitat conservation plan is a requirement for obtaining an incidental take permit under the Endangered Species Act. Without such a permit, it is illegal to harm or kill federally threatened and endangered species. The plan and permit allow for projects that potentially impact threatened or endangered species to continue while the company takes actions to avoid, minimize and mitigate for the impacts.
Exelon Generation, which owns and operates the 28-turbine Criterion wind project built in 2010 in Garrett County, has pledged to "feather" or reduce the rotation speed of its turbines' blades during nighttime from late summer to early fall, peak bat migration time.
Save Western Maryland believes that the HCP is not based on the best available science and is in violation of the Endangered Species Act; that a full environmental impact statement is warranted under the National Environmental Protection Act; and that the draft EA does not adequately analyze alternatives in violation of NEPA.
Shelton says Delmarva is seeking approval to move the project to the Chestnut Flats site in Pennsylvania's Blair County, where an agreement has been reached that should prevent litigation over bats.
"In John Friend Cave we haven't had a substantiated record of the Indiana bat for a long time," said biologist Dan Feller. "But unless we go pluck every bat off the wall and spread the wings and look for the color of the hairs at the base of the fur it is hard to tell. We generally say they are little brown bats, but there could be Indiana bats in there."
The complaint filed Wednesday in U.S. District Court in Greenbelt seeks to stop Baltimore-based Constellation Energy Group Inc. from beginning operation of its 28 turbines on Backbone Mountain in Garrett County unless the company first obtains an "incidental take permit".
Save Western Maryland, the Maryland Conservation Council, Ajax Eastman, and L. Daniel Boone filed a formal complaint in US District Court claiming Constellation Energy violated the endangered species act for failing to seek and obtain an incidental take permit in reference to the Constallation wind project located on Backbone Mountain in Garrett County, Maryland. The full complaint can be accessed by clicking on the link at the bottom of this page.
Save Western Maryland filed a federal lawsuit against Constellation Energy Group and their affiliate for violation of the Endangered Species Act, due to Constellation's intrusive installation and operation of an industrial wind power facility on the ridgetop of Backbone Mountain which will result in the killing, injury and other forms of harm to the endangered Indiana Bat.
Notice of intent to sue was filed in reference to Constellation Green Energy LLC's installation and long-term operation of wind turbines in Garrett County, Maryland. The project will consist of 28 industrial scale wind towers along 8 miles of the ridge of Backbone Mountain. Available evidence demonstrates that the Constellation wind project will almost certainly result in unauthorized takes of Indiana bats and Virginia big-eared bats.
A proposed West Virginia wind power project will harm a tiny, endangered bat and its developers should be should be required to obtain permits under the Endangered Species Act, attorneys for two environmental groups argued Wednesday in federal court. The developers admit bats will be killed by the turbines, but refuse to acknowledge the endangered Indiana bat will be among them, plaintiffs attorney Eric Glitzenstein argued in his opening statements.
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.
This document includes studies in Maine, Maryland, Minnesota, New Hampshire, New York, Pennsylvania, Vermont, Virginia and West Virginia.