COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEFINTRODUCTION
1.This is a case under the Endangered Species Act (“ESA”), 16 U.S.C. §§1531-1544, against Maryland-based Constellation Green Energy, LLC (“Constellation”)and its parent corporation Constellation Energy Group, Inc., (“Constellation Energy”)regarding the almost certain killing, injury and other forms of “take” of endangeredIndiana bats in violation of the ESA. These unlawful “takes” are likely to occur as aresult of defendants’ intrusive installation and long term operation of an industrial wind power facility known as the Constellation wind project (“the project”) located on theridgeline of Backbone Mountain in Garrett County, Maryland (“the project site”).2.By proceeding with the project without obtaining an Incidental TakePermit (“ITP”) pursuant to 16 U.S.C. § 1539(a)(1)(B), defendants will unlawfully “take”critically-imperiled Indiana bats in numerous ways, including killing, harming, woundingand harassing members of the species, as those terms are defined by the ESA. 16 U.S.C.§ 1532(19).
JURISDICTION AND VENUE
3.This Court has subject matter jurisdiction over this case pursuant to 16U.S.C. § 1540(g) and 28 U.S.C. § 1331.4.As required by the ESA, 16 U.S.C. § 1540(g), defendants and theSecretary of the Interior were provided with a sixty day notice of violations of the ESA before this suit was filed, sent via certified mail on or about June 23, 2010.2