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Save Western Maryland Sues Constellation Energy for Violation of the Endangered Species Act 

Author:  | Law, Maryland, Wildlife

Save Western Maryland filed a federal lawsuit against Constellation Energy Group and their affiliate for violation of the Endangered Species Act, due to Constellation’s intrusive installation and operation of an industrial wind power facility on the ridgetop of Backbone Mountain which will result in the killing, injury and other forms of harm to the endangered Indiana Bat.

The Indiana bat is one of the most imperiled land mammals in the world. Invaluable members of their ecosystems for their insect control capabilities, they are characterized by scientists as a keystone species. Wind turbines pose a grave threat to Indiana bats in terms of collisions and barotrauma – a bloody explosion of the lungs of bats caused by passage through the low pressure zones created by the movement of the huge turbine blades.

The lawsuit is a result of Constellation’s failure to follow the well established procedure to acquire an Incidental Take Permit, which would allow bats to be killed but avoid liability under the Endangered Species Act. Constellation has been aware of the presence of the Indiana bats at the site for years. Indiana bats are known to inhabit numerous caves in the vicinity of the wind plant, including the John Friend Cave near Sang Run.

Save Western Maryland is joined on the complaint by the Maryland Conservation Council, Ajax Eastman and D. Daniel Boone. The plaintiffs are represented by Moylan and Moylan of Baltimore.

[press release, Dec. 22, 2010]

Dowload original document: “Complaint under the Endangered Species Act”

This material is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this material resides with the author(s). As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Queries e-mail.

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