Can you hear the lawyers laughing?

Cassadaga Wind LLC’s lawyers filed an appeal to overrule the Department of Public Service’s siting board Condition 147 that prohibits the company from tree cutting more than 46 acres of Charlotte, Cherry Creek and wind turbine-besieged Arkwright from April 1 through Nov. 1 “to reduce mortality to nesting/roosting birds and bats …”

Actually, a mass killing of roosting birds and bats would happen during those crucial months. The original compromise was agreed on: we’ll do our killing from November to the end of March.

No, no, the LLC’s lawyers appealed, we need to start our killing right away, during the nesting/roosting season. But we’re not so heartless. We’re going to have “an ‘Environmental Monitor’ survey bats existing in the trees.”

Pretty clever, huh?

This “environmental monitor” is going to survey 46 acres of trees. The lawyers say that if the monitor finds any bats existing in trees, “these trees will be removed within 24 hours of observation.” Not clear what that means. And the lawyers, don’t talk about roosting birds. Is the monitor going to monitor day and night when the bats come out?

“If any bats are observed flying from a tree or on a tree that has been cut, clearing activities within 150 feet of the tree will be suspended and DEC Wildlife staff will be notified as soon as possible.”

Can you hear the lawyers laughing, “You think the rubes will fall for this?”

The wind company filed their appeal Jan 11, 2019, giving the interested parties just 10 days respond.

Roy Harvey is a Mayville resident.