United State District Court Judge Roger W. Titus recently issued an injunction halting the construction of the Beech Ridge wind project in Greenbrier County, West Virginia to protect the Indiana Bat, a species listed as “endangered” under the Endangered Species Act (“ESA”). The ruling is the first of its kind in the law developing around the intersection of wind project development and the ESA, and provides valuable guidance for future wind projects that may encounter protected species.

Specifically, for wind project developers, the decision highlights the importance performing diligent site assessments for protected species, working cooperatively with agency personnel, hiring qualified and thorough consultants, and obtaining counsel with specific experience in the intricacies of the ESA permitting framework.

Click here to read an analysis of the case details, Judge Titus’ ruling and implications of this decision.