D.C. Circuit Sets Aside Approval of Ohio Wind Farm

A federal appeals court overturned the Department of the Interior’s approval of an Ohio wind farm, ruling Aug. 5 that the U.S. Fish and Wildlife Service failed to meet its obligations under the National Environmental Policy Act in analyzing the impact of the proposal on the Indiana bat, a federally listed endangered species (Union Neighbors United Inc. v. Jewell, D.C. Cir., 15-5147, 8/5/16).

Although the stated goal of the FWS was to ensure that the “take” of Indiana bats was avoided and minimized to the maximum extent possible, the service failed to consider a reasonable range of ...