Description: Challenge by two bird conservation groups to a wind turbine project sponsored by the Ohio Air National Guard at Camp Perry in Ottawa County, Ohio.
American Bird Conservancy v. Disbrow
Filing Date Type File Action Taken Summary 03/27/2017 Complaint Download Complaint filed. Bird Groups Challenged Installation of Wind Turbine on Shore of Lake Erie. Two bird conservation groups filed a lawsuit in the federal district court for the District of Columbia seeking to block the installation and operation of a wind turbine at an Ohio Air National Guard (ANG) training facility on the shore of Lake Erie. The plaintiffs alleged that the ANG was aware that the wind turbine would be located in a major bird migration corridor and in proximity to many bald eagle nests and that the turbine would kill birds, including birds protected under the Endangered Species Act (ESA). The plaintiffs said that federal officials nonetheless had failed to take required actions under the ESA, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and the National Environmental Policy Act. The plaintiffs asserted that “bird-smart” wind energy was “an important part of the renewable energy solution to climate change” and that it required “careful site selection, effective operational and compensatory mitigation, and ongoing bird mortality monitoring.”
Notice of Violations in Connection with the Camp Perry Air National Guard Wind Energy Project in Ottawa County, Ohio
Filing Date Type File Action Taken Summary 10/24/2016 Notice Download Notice of violations sent by conservation groups to Ohio Air National Guard. Bird Groups Sent Notice of Violations in Connection with Ohio Wind Turbine Project. The American Bird Conservancy and the Black Swamp Bird Observatory provided notice of violations of the Endangered Species Act in connection with a wind turbine project sponsored by the Ohio Air National Guard at Camp Perry in Ottawa County, Ohio. The organizations said that construction and operation of the wind turbine would also violate the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and NEPA. The organizations said that the proposed site for the turbine was in a major bird migration corridor and in “extremely close proximity” to the Ottawa National Wildlife Refute and was “one of the worst possible locations to construct and operate a wind power project.” The organizations contended that the NEPA review conducted for the project should have considered other means of reducing Camp Perry’s greenhouse gas emissions, and that the Air National Guard’s conduction of the base of the turbine prior to issuing an environmental assessment violated NEPA. The groups said they would consider litigation should the Air National Guard proceed with the project.