A lawsuit was filed in December 2010 against the Criterion Wind Project alleging that the project must obtain an Incidental Take Permit from the U.S. Fish and Wildlife Service for any Indiana bats killed or injured by the turbine blades.
The Indiana bat was listed as "endangered throughout its range" in the Federal Register, March 11, 1967.
In April 2009, project engineers discovered that Indiana bats—an endangered species of bat—live in the area in and surrounding the proposed right-of-way of the Fort Drum Connector (I-781).
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There are over 15 rare species in the area, such as the southern cavefish, gray bat, Indiana bat, American Hart’s-tongue fern and Tennessee bladderfern.