The page includes a legal challenge of the Department of Energy’s and U.S. Army Corps of Engineers’ funding and authorization of the Icebreaker Wind Project, a first-of-its-kind proposed offshore wind energy facility in Lake Erie with a price tag in excess of $40 million that is expressly intended to spur future development of offshore industrial wind energy in the Great Lakes Region and beyond. A portion of the complaint is provided below. The full complaint can be accessed from the document link(s) on this page.
Documents filed under Impact on Bats from Ohio
This brief, filed before the Ohio Court of Common Pleas in Franklin County, Ohio, responds to Iberdrola's (Avangrid Renewables) action to stop any public disclose of bird/bat mortality data at its Blue Creek wind facility. Iberdrola has argued that the number of birds and bats killed by its turbines is a “trade secret” protected under Ohio law. The introduction and summary of arguments for why Iberdrola's claims are not supported by Ohio law are provided below. The full brief can be accessed by clicking the links on this page. The original complaint can be found here.
The attached appeal made by Union Neighbors United Inc. challenges the prior decision to grant an incidental take permit to Buckeye Wind LLC, enabling its wind project in Ohio to pose a threat to the endangered Indiana bat population and its habitat. Union Neighbors claims that the US Fish and Wildlife Service failed to comply with NEPA and ESA guidelines, thereby wrongly issuing the permit. The appellate court agrees that the Service did not comply with NEPA guidelines as it failed to consider a reasonable range of alternatives that would lessen the take of bats in the area, however it upheld the prior decision that the Service adequately complied with the ESA by ensuring that Buckeye Wind took necessary measures to minimize and mitigate the impact on the Indiana bat population.