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Tuesday, August 09, 2016

Courts - "Champaign County [Ohio] wind farm to push on after court ruling" [Updated]

From the Dayton Ohio Daily News yesterday, a story that begins:

A U.S. Appeals Court ruling provided mixed results for a proposed wind farm in Champaign County, but the project’s developers said they believe they can resolve concerns and push it forward.

Everpower Renewables, the company in charge of the project, plans to develop two wind farms in Champaign County that could install more than 100 turbines across several townships.

The Buckeye Wind Farm has divided the community for years.

Proponents have said the second phase of the project alone could add as much as $55 million to the local economy and create eight to 10 permanent jobs after construction wraps up. Both phases would provide renewable energy to more than 50,000 homes a year.

Opponents have said the wind mills will create a safety risk and be too close to homes, as well as endanger bats. The project’s developers also failed to follow proper procedures in the approval process, opponents have contended.

ILB: The issue before the DC Circuit involved the U.S. Fish and Wildlife Service permit standards re protection of the Indiana bat. (If I can locate the opinion, I'll add it here.)

[More] From Courthouse News, a story by Jack Bouboushian headed "Feds Must Study Wind Farm's Harm to Bats." The story begins:

(CN) — Wind-turbine opponents persuaded the D.C. Circuit that the government issued a permit to an Ohio wind farm without fully considering ways to reduce the deaths of endangered Indiana bats.

Ohio-based Union Neighbors United brought the 2013 complaint in Washington, D.C., taking issue with the U.S. government's approval of a permit for the Buckeye Wind Power Project.

Check the CN story for the details.

Lexology has a story that begins:

The U.S. Court of Appeals for the D.C. Circuit has invalidated the issuance by the U.S. Fish and Wildlife Service (USFWS) of an incidental take permit (ITP) under Section 10 of the Endangered Species Act for take of Indiana bats by the 100-turbine Buckeye Wind project in Ohio.
And there are a number of readily accessible stories online such as this one from The London Free Press, headed "Wind turbines killing tens of thousands of bats, including many on the endangered species list."

Posted by Marcia Oddi on August 9, 2016 09:03 AM
Posted to Courts in general | Environment | Indiana Government