"GREENBELT, Md. -- Wind turbines can kill a few Indiana bats without endangering the species but the owners must ask for permission first, U.S. District Judge Roger Titus ruled on Dec. 8.

Titus blocked construction of 82 turbines in Greenbrier County, W.Va., and restricted 40 turbines already under construction to seasonal operation.

He advised developer Invenergy Wind and subsidiary Beech Ridge Energy to ask the U.S. Fish and Wildlife Service for an "incidental take permit" under the Endangered Species Act.

He wrote that he can't order them to apply but won't let them proceed if they don't."

Steve Korris reports for the West Virginia Record December 10, 2009. [2]