Air National Guard Halts Wind Turbine Project in Sensitive Migratory Bird Flyway In Response to MGC Letter

Yesterday, the Air National Guard announced that in response to a letter our firm sent on January 7th on behalf of two leading bird protection organizations – the American Bird Conservancy and the Black Swamp Bird Observatory – the Air National Guard has indefinitely withdrawn its decision to construct and operate a wind turbine near Lake Erie in a critically sensitive migratory flyway for bald eagles and more than 300 bird species.  Our letter constituted a formal notice of intent to sue to the Air National Guard for violations of the Endangered Species Act, Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and National Environmental Policy Act, particularly in light of Air National Guard’s refusal to adopt the expert recommendations of the U.S. Fish and Wildlife Service and the Ohio Division of Natural Resources to avoid siting any wind turbines in this critically sensitive location for, or to at least minimize impacts to, federally endangered Kirtland’s warblers and piping plovers, bald eagles, and many other bird species that migrate through the project’s air space.  Additional media on this victory can be found here: