“This is a case about bats, wind turbines, and two federal polices, one favoring protection of endangered species and the other encouraging development of renewable energy resources.” So begins a federal district court opinion halting expansion of a wind farm in West Virginia because of likely harm to endangered Indiana bats. The project must obtain an incidental take permit from the U.S. Fish & Wildlife Service if it is to proceed. Washington Post coverage here.
Cornellian says:
Bats get an undeservedly bad rap. Any animal that navigates by sonar is more than cool enough to deserve protection.
December 10, 2009, 11:10 pmHamstonian says:
This kind of situation is why I am very concerned with aggressive targets for greenhouse gas reductions. We have so many environmental roadblocks in the way of getting energy projects done. How in the world can we quickly develop the projects needed to replace carbon based energy? Every alternative seems to have an environmental downside. Our statutory framework seems more suited to blocking change rather than weighing the inevitable tradeoffs. It will take decades to move enough projects through the courts to make a serious change to our energy production sources. It is hard to see how we aren’t on our way to a serious train wreck.
December 10, 2009, 11:34 pmgeokstr says:
And a minnow is causing California to create a dust bowl in a previously lush agricultural valley. And then there’s the spotted owl, and the furbish lousewort, and….ad infinitum. And the Swiss granted civil rights to broccoli.
What’s next, Paramecium Power?
December 11, 2009, 12:00 amAlbatross says:
And the Gaian civil war begins.
December 11, 2009, 12:07 amTweets that mention The Volokh Conspiracy » Blog Archive » Bats Stall Wind Farm -- Topsy.com says:
[...] This post was mentioned on Twitter by Eugene Volokh, David T Sanson. David T Sanson said: Bats Stall Wind Farm http://volokh.com/2009/12/10/bats-stall-wind-farm/ (The Volokh Conspiracy) [...]
December 11, 2009, 3:31 amDYSPEPSIA GENERATION » Blog Archive » Bats Stall Wind Farm says:
[...] Read it. [...]
December 11, 2009, 8:41 amHarry Eagar says:
Probably should have done a voluntary EIS, considering the known effects of wind turbines.
In my county, the wind farm shares space with an endangered bat. Its EIS was not voluntary, but it got its take permit and operates without bat interference. (One known dead bat in three years.)
December 11, 2009, 2:41 pmChrisTS says:
Can’t they just send those bats back to Indiana?
December 11, 2009, 4:17 pmJohn Moore says:
Wait ’till someone tries to build a nuke plant!
December 11, 2009, 5:34 pmSteve2 says:
Does Judge Titus routinely do such awesome things as quote Calvin and Hobbes even before beginning his opinion, or was that a one-time treat?
December 11, 2009, 6:40 pmNickM says:
Dracula v. West Virginia?
Nick
December 11, 2009, 10:25 pmChrisTS says:
As long as the blood they suck is from mosquitoes, I say, “Go, Dracula!”
December 13, 2009, 12:11 am