Wednesday, December 16, 2009

West Virginia Wind Farm Halted by Judge

In October, we reported on the proposed wind farm in West Virginia that was the subject of a lawsuit because of its potential to harm endangered Indiana bats.

A federal judge in Maryland ruled in favor of the plaintiffs, halting construction of the farm until the developers obtained a special permit known as an "incidental take permit."

An incidental take permit allows, as the name suggests, the "incidental take" of endangered species when a non-Federal entity is conducting lawful activities. The Endangered Species Act defines "take" as "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect."

The ruling is not expected to affect other wind projects around the country.

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