January 26th (2005): Flint Hills Tallgrass Prairie Heritage Foundation, Inc. files a class action complaint
in United States District Court (Wichita, Kansas).

The action seeks a judgment declaring that tax relief and direct subsidies for industrial wind turbine commercial electric power generation facilities which will cause serious, permanent, and irreparable damage to the Flint Hills Tallgrass Prairie Ecosystem violate the provisions of the Constitution of the United States.

Flint Hills Tallgrass Prairie Heritage Foundation, Inc., a not-for-profit public benefit corporation organized and existing for the purpose of protecting the intrinsic values of that unique national and international natural resource treasure which is the Flint Hills Tallgrass Prairie Ecosystem, individually and on behalf of all those entitled to the full benefit, use, and enjoyment of that unique national and international natural resource treasure, the Flint Hills Tallgrass Prairie Ecosystem, not only during this generation but generations yet unborn, and those who are so unfortunate as to be similarly adversely affected and afflicted by the industrial wind turbine commercial electric power generation facilities proposed to be constructed within the Flint Hills Tallgrass Prairie Ecosystem,

Plaintiffs

v

Scottish Power, PLC, PacifiCorp, and PPM Energy, Inc.; Greenlight Energy, Inc. and Elk River Windfarm LLC; and Empire District Electric Company,

Defendants.

Note: In mid-December Elk River Windfarms LLC, a subsidiary of Greenlight Energy of Charlottesville, Virginia, was sold to PPM Energy which holds the non-regulated North American operations of parent company Scottish Power plc. Scottish Power plc is an international energy company operating across the United Kingdom and in the United States, based in Glasgow, Scotland. They are the largest wind developer in the United Kingdom. In both the United States and the United Kingdom, Scottish Power plc provides electricity generation, transmission, distribution, and supply services. In the USA their activities include coal mining and gas storage/hub services. During the development of the Elk River wind project in Butler County, Kansas, Elk River Windfarms referred to themselves as a "local" company.