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U.S. District Court Approves Agreement to Protect Indiana Bat, Invenergy Wind to Proceed with Construction of West Virginia Wind Farm

Following the approval of Invenergy Wind’s agreement with wildlife groups by U.S. District Judge Roger Titus, the company is proceeding immediately with the construction of its Greenbrier County, West Virginia wind farm. The wind energy facility is capable of generating up to 100 MW of power.

U.S. District Judge Roger Titus has approved a stipulation and settlement between the parties in Animal Welfare Institute et al. v. Beech Ridge Energy LLC and Invenergy Wind LLC. The judge has approved the agreement between Invenergy Wind and wildlife groups for the protection of Indiana bat thus ending the litigation. The settlement has enabled the company to complete the construction of the wind farm.

Joe Condo, Invenergy Vice President and General Counsel, said that the agreement allows the company to proceed with the development for providing renewable and clean energy in Greenbrier County while supporting wildlife conservation efforts at the same time. He added that the agreement will allow Beech Ridge Energy to proceed with hiring skilled construction workers in West Virginia to complete the wind project.

Pursuant to the stipulation, Invenergy Wind’s affiliate Beech Ridge Energy with certain alterations to the original project configuration may proceed with construction and bring into operation up to 67 turbines as originally planned for initial phase of the project. Beech Ridge may also add up to 33 turbines in the futures as per the agreement. Though the company may operate the facility throughout the year, certain restrictions are imposed during seasons when Indiana bats are out of hibernation. This restriction is applicable till the project receives an Incidental Take Permit from the U.S. Fish and Wildlife Service.

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