Legal Battle
MCRE and several local individuals filed motions to dismiss the application, but the PSC ultimately approved the project in December 2006. MCRE filed for reconsideration, but the PSC denied its motion. Subsequently, MCRE and Jeffery and Alicia Eisenbeiss filed separate appeals of the PSC's denial with the Supreme Court of Appeals of West Virginia. They were heard on January 9, 2008. On June 23, 2008, the Court ruled in favor of Beech Ridge, indicating that the Public Service Commission had acted appropriately in granting the building permit, thus clearing the way for the development.
The PSC held compliance hearings on October 16 and 17, during which it was announced that Beech Ridge would not build any turbines within one mile of the dwelling of anyone who opposed the project. As a result, financial settlements have been reached with several homeowners, and 5 turbines have been eliminated from the plans, reducing the total number planned to 119. On February 13, 2009, the PSC issued its final order, approving the start of construction. According to a Beech Ridge spokesman, the company planned to begin construction during the Spring of 2009.
The Court's decision to hear the case delayed the construction of the project, which was originally scheduled to begin in late 2007. According to a Beech Ridge spokesperson, "...this decision will definitely delay our efforts to finalize our construction plans and contracts and, for the time being, it has put our plans to hire West Virginia construction workers to build the project on hold."
The MCRE spokesperson commented, "for 30 million years, Cold Knob, Big Ridge, and Big Beech Knob have been some of the signature landmarks of Greenbrier County. If this industrialization of our mountaintops is allowed to go forward, the new landmarks will become turbines A-16, A-17, A-18 and A-19"
On July 10, 2009, the Animal Welfare Institute and Mountain Communities for Responsible Energy filed a motion for a preliminary injunction against developer Beech Ridge Energy LLC of Rockville, Maryland in U.S. District Court. The plaintiffs claim that ongoing destruction of the endangered Indiana bat's habitat is occurring in violation of the U.S. Endangered Species Act.
Read more about this topic: Beech Ridge Wind Farm
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