The original construction Timeline for the Beech Ridge Wind Project was the spring of 2006, but the citizens of Greenbrier County grew concerned
July, 2005
Beech Ridge Developers hold first public meeting in Fairlea to announce their intention to build 124 forty story industrial wind turbines on 23 miles of Greenbrier County’s tallest ridges.
October, 2005
The project location map published in the WV Daily is illegible and when over two hundred people gather in Williamsburg at the next public meeting, Beech Ridge representatives threaten to leave, saying they prefer to talk to only 4 or 5 people at a time. They are reassured and agree to stay for questions, however at the meetings end Beech Ridge promoters are heard to say “if we have to tee off two hundred people in Williamsburg to build this project we don’t care.”
This belligerent attitude doesn’t sit well with Greenbrier County citizens and before long Mountain Communities for Responsible Energy (MCRE) is on the web, in the papers, and at the appropriate agencies demanding a public hearing. Neighboring property owners Jeff and Alicia Eisenbeiss and several others file as interveners along with MCRE to oppose construction of Beech Ridge.
November, 2005
The official application process is filed with the WV Public Service Commission (PSC) and written comments pro/con are accepted by the PSC for the next ten months.
April, 2006
Public outcry opposing the project is strong enough to cause all three Public Service Commissioners to make an unprecedented trip to the WV State Fairgrounds for a full day session of public comment. The commissioners hear three-quarters of the speakers demand the permit NOT be granted.
The PSC's own staff visits Greenbrier County and recommends that if 52 turbines were removed or relocated it would "greatly diminish the potential negative impact of noise from this project."
May, 2006
MCRE and their legal team spend six days in Charleston at the PSC evidentiary hearings providing both expert and lay witnesses to show the Beech Ridge wind project will be detrimental to our economic future and defacing the mountains with giant turbines will erode our rich cultural heritage. Letters of opposition arrive from The Greenbrier County Visitors Center, The Greenbrier Hotel, The Greenbrier Sporting Club, The Lewisburg Mayor’s office, and hundreds of concerned citizens and businesses.
August, 2006
As public comment period closes there appears to be almost unanimous opposition from Northern Greenbrier Communities and 80% opposition to the project statewide. The PSC commissioners choose to ignore the public and established business’ pleas for caution and approve the whole 124 turbine project if several preconditions are met by Beech Ridge Developers and all WV agencies sign off on the project.
Sept. 18, 2006
MCRE & Eisenbeiss motion PSC to reconsider.
Jan. 11, 2007
PSC Final Order denies petitions to reconsider.
Feb. 12, 2007
MCRE petitions the WV Supreme Court arguing the unfairness of not being able to cross-examine SHPO and other agencies’ reports and allowing agencies to sign off.
April 18, 2007
Supreme Court grants petitions for appeal.
Jan. 9, 2008
Supreme Court hears appeal.
June 23, 2008
Supreme Court final order 4-1 affirms PSC decision with Justice Starcher dissenting.
October 6, 2008
MCRE retains the DC firm of Meyer Glitzenstein & Crystal and files 60 day notice of intent to sue Beech Ridge for violations of the Endangered Species Act if they construct industrial wind turbines near established caves known to house Indiana Bats.
October 16, 2008
MCRE and attorney Brad Stephens of Morgantown take three expert witnesses to the final PSC compliance hearing disputing:
- The WV State Historic Preservation Office’s memorandum of agreement with Beech Ridge.
- Beech Ridge’s flawed noise study.
- Beech Ridge’s flawed decommissioning study.
- Beech Ridge’s flawed safety plan.
December 10, 2008
MCRE files a compromise solution which would prohibit construction of 61 industrial turbines on the eastern and southernmost ridges of Greenbrier County nearest to the endangered bat caves and outspoken communities, but allowing construction of those remaining turbines. ...See map of proposal here.. This proposal is similar to that suggested in April 2006 by the PSC’s independent staff.
While Beech Ridge Developers were quick to reject this offer as uneconomical, MCRE’s attorney points to several Invenergy wind projects in Colorado, Idaho, and Tennessee that consist of less than 63 turbines.
Spring and Summer 2009
Construction begins on Phase I. Forest is cleared, roads built, and concrete foundations are poured for 67 turbines. An Endangered Species Act (“ESA”) lawsuit is filed on June 10. Forty turbines are erected per an agreement between the parties, while another twenty-seven lay waiting for the federal lawsuit to determine if this project’s operations will violate section 9 of the ESA.
October 21st, 2009
Judge Titus (US District Court) hears four days of testimony by renown bat experts testifying on behalf of plaintiffs (including MCRE), culminating with closing arguments.. At trial, plaintiffs argue that the endangered Indiana Bat is present at the site of the Beech Ridge Wind Project and is likely to be affected by its construction and operation via deaths and/or injuries.
December 8th, 2009
The federal court enjoins the Beech Ridge Project from going forward until it has received an Incidental Take Permit from the US Fish and Wildlife Service. Further, the 40 turbines that have already been constructed may only operate when Indiana Bats are in hibernation from November 15th – April 1st.
December 22nd , 2009
Beech Ridge Developers request that Judge Titus reconsider allowing the remaining 27 Phase I turbines to be erected while they pursue their Incidental Take Permit, and further request that turbine operation prior to obtaining a permit be expanded to allow for daytime operation during spring, summer, and fall when Indiana bats are not likely on the landscape.
January 26th, 2010
Plaintiffs MCRE, Animal Welfare Institute, and Dave Cowan agree not to oppose Beech Ridge Developer’s reconsideration request to allow daytime turbine operation and additional turbine construction if Beech Ridge Developers agree to:
- Abandon forever the 20 easternmost turbine sites (C and D lines) in Phase II of the project (planed for 2010) due to their proximity to caves known to contain Indiana Bats.
- Abandon forever the 10 southernmost turbine sites (A 1-10) which will include decommissioning the concrete foundations poured in 2009.
- Develop an adaptive management program with the appropriate federal agency to mitigate the effects of turbine operations on endangered bats and other wildlife.
To view 75-1 Stipulation to the agreement click here
To view 75-2 -- Exhibit A to Stipulation click here
While MCRE and its supporters remain convinced that massive installation of industrial wind turbines on forested ridges will create more problems than it will solve, we believe our actions have sent a vitally needed message to the wind industry as a whole. Renewable energy projects do not get a pass on existing laws designed to protect endangered species and the natural environment. And, although industrial wind turbines will now spin atop some of Greenbrier County’s highest ridges, they will forever be banned on those ridges in closest proximity to endangered Indiana bat caves.