CLEVELAND, Ohio (WKBN) – America’s first freshwater offshore wind farm is going up on Lake Erie.

The Supreme Court of Ohio ruled Wednesday to approve the permit.

The court’s ruling shows that the Ohio Power Siting Board appropriately granted a certificate of environmental compatibility and public need to Icebreaker Windpower.

The company will construct a six-turbine wind farm about 10 miles off the coast of Lake Erie near Cleveland.

The project is considered a “demonstration project” to test the viability of offshore wind farms in Lake and other Great Lakes.

The case was brought before the Ohio Supreme Court because opponents argued that the state has not received enough data on whether the wind farm poses a risk to birds and bats.

The judges said that the board did collect the necessary research to allow the company to begin construction, while also requiring more data before the turbines can be operated.

“Rather than requiring Icebreaker to resolve those matters before issuing the certificate, the board determined that the conditions on its grant of the application were sufficient to protect birds and bats and to ensure that the facility represented the minimum adverse environmental impact,” Justice Brunner wrote.

The lone dissenting opinion was from Justice Sharon L. Kennedy who said that the board held the project to a lesser degree of scrutiny because it is a “firs-of-its-kind” demonstration project, but that there should not have been an exception just based on that and if those relaxed standards are going to apply, it must go through the legislature.