Protection of Indiana Bats
The Animal Welfare Institute and its co-plaintiffs brought claims against Beech Ridge Energy, LLC and its parent company for past and future takes of endangered Indiana bats as a result of the construction, turbine erection, and operation activities of an industrial wind facility without an incidental take permit, arguing that such activities constitute violations of the Endangered Species Act.
On December 8, 2009, the Honorable Roger Titus found in favor of the Animal Welfare Institute and its co-plaintiffs ruling that the defendant's industrial wind energy facility will kill and injure endangered Indiana bats in violation of the Endangered Species Act. Judge Titus enjoined the facility's project from moving forward in certain aspects of construction and operation unless and until the defendants obtained an incidental take permit. Subsequently, in January 2010, the parties entered into an agreement to provide additional protections to Indiana bats while allowing some elements of the industrial wind energy project to move forward and to begin producing renewable power.