Legal Opinion

(2010)

Maryland Attorney General Reports

Decided March 23, 2010Published

1Opinion of the Court

The Honorable George C. Edwards

You have asked about the responsibilities of the Department of Natural Resources ("DNR"), the Public Service Commission ("PSC"), and other agencies with respect to the protection of endangered species. Citing Animal Welfare Institute v. Beech Ridge EnergyLLC, 675 F. Supp. 2d 540 (D. Md. 2009), a case involving the federal Endangered Species Act, you also ask whether "State law similarly prohibits a corporation from setting up wind turbines that may lead to the taking of endangered species."

In comparison to the federal statute, the State endangered species law…

2Cases cited3 opinions

  1. Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
  2. Defenders of Wildlife Southwest Center for Biological Diversity v. Mike Bernal Robert Smith, Dr.,superintendent BoardCourt of Appeals for the Ninth Circuit · 2000
  3. Animal Welfare Institute v. Beech Ridge Energy LLCDistrict Court, D. Maryland · 2009

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