Ayesha Rascoe
(Reuters) - A federal court has ruled that the U.S. Army Corps of Engineers did not violate environmental regulations when it granted a permit to a Maine wind farm, prompting an environmental attorney to remark that "the fix is in" for wind power projects.
Environmentalists sued the agency in 2013, arguing that construction of the wind energy facility in Oakfield, Maine would violate the Endangered Species Act and the Bald and Golden Eagle Protection Act by threatening the habitats of Atlantic salmon and bald eagles.
The U.S. District Court for the District of Maine ruled on Friday that the Corps did not act arbitrarily and capriciously when it granted a permit to Evergreen Wind Power II allowing the company to fill certain wetlands and streams during the construction of the wind farm.
"We are pleased with the court's decision," said Juliet Browne of Verrill Dana, who represented Evergreen. Work on the wind farm began last year, Browne said.
No decision has been made on whether to appeal the ruling, said attorney Lynne Williams, who represented the environmental groups. Williams said she will recommend against an appeal, because "the deck is stacked against anyone who objects to a wind project."
"The fix is in for wind," Williams said. "They're the only industry that gets a pass on environmental protection because they are 'green'."
Green groups, including Protect Our Lakes and the Forest Ecology Network, said the Corps acted illegally by approving the permit without having sufficient information on the presence of Atlantic salmon in streams in the path of the wind farm's transmission lines.
But U.S. District Judge Jon Levy ruled that the law allows government agencies to act as long as they use the best available data, even if that data is "incomplete or imperfect."
Judge Levy also rejected the plaintiffs' contention that the Corps should not have issued the permit without requiring Evergreen to get authorization to potentially harm eagles.
Levy said there is no evidence that eagles have been harmed or will be harmed by the project in the future.
The case is Protect Our Lakes et al v. United States Army Corps Of Engineers et al, U.S. District Court for the District of Maine, No. 1:13-cv-00402.
For the plaintiffs: Lynne Williams, Law Office of Lynne A. Williams
For the defendants: Robert Williams and John Osborn of U.S. Justice Department, Juliet Browne of Verrill Dana
http://www.reuters.com/article/2015/02/25/usa-energy-windpower-idUSL1N0VZ0RW20150225
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