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First Motion To Dismiss The Apex Clean Energy Galloo Island Wind Project For Fraud Upon The Article 10 Siting Board
First Motion To Dismiss The Apex Clean Energy Galloo Island Wind Project For Fraud Upon The Article 10 Siting Board
15-F-0327
Document title: Motion for Dismissal for Fraud Upon the Siting Board
Submitted by:
and
RE: GALLOO ISLAND WIND, LLC. 15-F-0327: Motion to Dismissal for Fraud
Upon the Siting Board
Dear Secretary Burgess, Judge Moreno, Judge Costello and Judge Caruso:
Apex Clean Energy, and its consultant WEST, Inc., deliberately engaged
eagles did not nest on Galloo, Apex evaded any discussion and vetting
Fraud of Omission
nested on Galloo in the recent past?” Apex’s Neil Habig and David
“In the spring of 2017 a potential eagle nest was brought to the
Applicant’s attention by the island caretaker. During the 2017 Point
Count Survey, conducted in support of the Applicant’s permit under
the federal Bald and Golden Eagle Protection Act (BGEPA), Stantec
consultants observed the nest. The nest was then evaluated by
Western Ecosystem’s Technology on April 25, 2017 via aerial survey,
at which time a stick nest was confirmed with no eagles, eggs or
chicks observed in the nest.”
Galloo Island that was observed by both Stantec Ltd and WEST, Inc
submitted six or more months after the nest discovery, there is not a
Incidental Take Permit Apex describes an August 30, 2017 meeting with
responses to future nesting”, but Apex fails to inform the USFWS that
their meeting:
away from dealing with the truth, that there was potential eagle
enough time to consider other design elements that could have avoided
conspiracy between Apex and its consultant WEST, Inc., who prepared
the appendices and did the aerial survey, to deceive the examiners,
the parties, the siting board and the public. The purpose for the
deceit may have been to postpone finding the nest until construction
began and then claiming the project was too far along to do anything
other then destroy the nest and harass adult bald eagles from ever
Apex may claim they had no evidence that the nest was built by a bald
eagle. This argument is absurd, since Apex did not do what it should
have done and what I did when I first learned of the report – I
contacted NYSDEC. NYSDEC and USFWS have expert staff that could have
data, and provided their expert opinion on what species built the
The fact this fraud is so unambiguous and well documented makes moving
can lie, cheat, and get caught in the Article 10 process with little
permit is to consider what will happen when Apex submits their Article
If Apex submits their fraudulent Take Permit, then NYSDEC has ample
particularly true for local citizenry, because what you decide we must
live with here in Jefferson County. This is our home. We do not want
lesson to others. We should not reward those who would cheat New York.
Respectfully yours,