December 18, 2009
Green energy is causing a blue mood in West Virginia. Opponents of a wind farm there near the Greenbrier resort have long said that a project now underway is killing bats and that it must comply with federal laws. A federal judge now agrees with them.
Despite critical advantages such as newer technologies in combination with volatile energy prices and a push to go green, many regions are having difficulty winning permits for renewable generation. Good wind sites that have easy access to existing transmission are a novelty while opposition groups are getting louder. Some say that windmills are an eyesore and others are worried that the power they generate cannot be counted on to perform during peak periods.
In the case of West Virginia, a federal court in Maryland has ruled that the partially built wind farm there is in violation of the Endangered Species Act and has therefore blocked the completion of a 119-turbine facility. U.S. District Judge Roger W. Titus has also restricted use of the 40 turbines that are already operating. The judge said that the so-called Beech Ridge wind farm must now apply for an "incidental take permit" from the U.S. Fish and Wildlife Service.
"This Court has concluded that the only avenue available to Defendants to resolve the self-imposed plight in which they now find themselves is to do belatedly that which they should have done long ago: apply for an incidental take permit . The Court does express the concern that any extraordinary delays by the Fish and Wildlife Service in the processing of a permit application would frustrate Congress' intent to encourage responsible wind turbine development," the judge wrote.
He goes on to urge the government agencies responsible for reviewing the permits to respond "thoroughly" but "promptly" -- a legal hurdle that proponents say could add as much three years and millions of dollars. Nevertheless, the judge chided Beech Ridge and its parent Invenergy for "disregarding" the advice given it early on by the Fish and Wildlife Service and by not taking advantage of the incidental take permit process.
Getting wind plants permitted is no different than other generators. It requires addressing key issues before potential shortages occur by establishing neighborhood meetings and creating a common communication strategy. Wind must follow some particulars that include finding locations with an annual average wind speed of 14.7 miles per hour as well being able to interconnect with transmission systems.
To overcome potential obstacles, experts suggest implementing "best practices" that involve hiring seasoned workers who are steeped in community relations and who know how to get generation built. Once a project gets the necessary permits, outreach programs should begin, all to allow for more leeway to remedy potential problems.
"The development of wind energy can and should be encouraged, but wind turbines must be good neighbors," writes Judge Titus.
Early Action
The American Wind Energy Association says that it does not comment on specific wind energy sites. But it does say that wind and wildlife can and do coexist, noting that the association continues to focus on environmental performance that includes bird and bat collisions. Manager of Siting Policy Laurie Jodziewicz says the sector hopes that the federal agencies in charge of permitting projects will provide clarity on what is expected of developers during both preconstruction and post-construction phases.
Moreover, advocates of wind energy are concerned that the decision affecting the West Virginia wind farm could empower other opponents. That would then put a chill on other projects that are about to start, adds Frank Maisano, noting that rural communities that need jobs and revenues will be the ones that are hurt.
Developers, he says, have taken all the necessary precautions and had won endless appeals at the state level -- all the way to the state Supreme Court. But opponents of the wind farm kept throwing the "kitchen sink" at the builders and had finally won by saying the wind blades would kill too many Indiana bats. While completion of the project had been relatively imminent, he now says it is one to three years away.
"This decision undermines all of these wind projects that would address these priorities," Maisano says, who is a spokesperson for Mid Atlantic wind developers. "Longer-term, I do believe that developers will have to take all the steps much earlier before they begin the permitting process."
Opponents of the West Virginia deal say that they are not opposed to wind farms per se but that they must follow the letter of the law. Being green, in essence, must encompass the effect on society as a whole. Mountain Communities for Responsible Energy, which was a plaintiff in the case, says that the developer wants to decimate 23 miles of landmark ridges in a process that will hurt property values and kill wildlife.
It adds that the wind industry has "vastly overstated" the benefits and "underplayed" the dangers to ecosystems. The civic activists go on to say that their rich cultural heritage and quaint communities would be marred by such "drastic industrialization."
"We strive to strike a balance between the development of alternative energy resources and the rights of communities to retain their cultural identity and maintain a peaceful existence," the group says.
Given overall national sentiment, the momentum to go green will help facilitate the permitting process. But that, of course, does not mean that developers can take short cuts. In the end, there's no substitution for building support for projects early on by holding town meetings and putting boots on the ground.
West Virginia wind developers have learned a hard lesson. But it may prove valuable by letting other builders know what will be expected of them.
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Ken Silverstein EnergyBiz Insider Editor-in-Chief
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