Implications Of Animal Welfare V. Beech Ridge Energy
December 11, 2009, 4:56 PM EST
Law360, New York (December 11, 2009, 4:56 PM EST) -- On Dec. 8, 2009, a federal district court in Maryland issued a significant decision in Animal Welfare Institute v. Beech Ridge Energy LLC, 8:09-cv-01519, Dist. MD, enjoining the construction and operation of a wind energy project in West Virginia based upon a conclusion that the project would take endangered Indiana Bats in violation of Section 9 of the Endangered Species Act (“ESA”).
This case signals that the controversy surrounding bats, and potentially migratory birds, is likely to continue as the prominence of wind energy continues to...