Following this statement from Save Western Maryland is the full text of the notice of intent to sue:
For Immediate Release
July 25, 2010
Save Western Maryland joined the Maryland Conservation Council and several concerned citizens in a July 20, 2010 letter providing official notice to Synergics Wind Energy, LLC, Delmarva Power and Light Company, Nordex USA, Inc. and the Garrett County Commissioners, that the installation and operation of the Roth Rock wind energy project will violate the federal Endangered Species Act (ESA). Available evidence demonstrates that the Synergics wind project will almost certainly result in unauthorized “takes” of Indiana bats and Virginia big-eared bats, triggering criminal and civil enforcement actions. Upon expiration of a 60 day period, suit may be filed in federal court.
Synergics and others could avoid liability under the ESA by acquiring an incidental take permit (ITP) from the U.S. Fish and Wildlife Service (the Service). An ITP can be obtained after submission and approval of a habitat conservation plan. The Service publishes a step-by step guide and assists in the development of such plans.
“Synergics and their business partners must be held accountable to all laws, especially the ESA. In order to live up to the claim of green energy, Big Wind must show that it does not further drive these bats into extinction. As a responsible corporate citizen they must halt construction until a conservation plan is completed and a permit is issued,” states a Save Western Maryland spokesperson.
SAVE WESTERN MARYLAND P.O. Box 81
Oakland, Maryland 21550