PRATT, Kan. (AP) — A Kansas farmer has filed a federal lawsuit seeking to stop a new wind farm from operating out of concern for the endangered whooping crane. Edwin Petrowsky of Pratt County filed the lawsuit last month seeking injunctions against NextEra Energy Resources, whose Ninnescah Wind Farm is opens next week.

Petrowsky contends the wind farm is in a major flyway for whooping cranes. There are about 330 wild cranes in that migrating flock.

The Hutchinson News reports that Petrowsky contends the company has failed to obtain an “incidental taking permit” that would allow the incidental killing of some birds.

NextEra spokesman Steve Stengel says the company has worked with state and federal authorities, and that the siting of the turbines took the birds’ migratory patterns into account.