- Ag Docket
The plaintiff, a group opposed to wind power stations in residential areas, opposed an Ohio project due to it's projected impact on the Indiana bat, an endangered species. The U.S. Fish and Wildlife service approved the project's application for an incidental take permit under the Endangered Species Act, and the plaintiff challenged that approval. The court determined that the approval was appropriate because the permit was granted on the condition that the project lower blade speeds during particular months and be limited to 26 bat takings over a five-year period. The court granted summary judgment for the government on the basis that the Administrative Procedures Act, the Endangered Species Act and the National Environmental Policy Act had not been violated. The court noted that the government's mitigation requirements for the project fully offset the impact of bat takings and that the court didn't have to determine if the plan was the maximum that could be practically implemented, as the plaintiff claimed was required. Union Neighbors United, Inc. v. Jewell, No. 13-01435 (RJL), 2015 U.S. Dist. LEXIS 33664 (D. D.C. Mar. 18, 2015).
CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.