A wind energy company has been sentenced to probation and ordered to pay more than $8 million in fines and restitution after at least 150 eagles were killed over the past decade at its wind farms in the US.
BILLING, Mont. — A wind energy company has been sentenced to probation and ordered to pay more than $8 million in fines and restitution after at least 150 eagles were killed over the past decade at its wind farms in eight states, federal prosecutors said Tuesday. Wednesday.
NextEra Energy subsidiary ESI Energy pleaded guilty to three counts of violating the Migratory Bird Treaty Act during a court appearance Tuesday in Cheyenne, Wyoming. He was criminally charged in the deaths of nine eagles at three of his wind farms in Wyoming and New Mexico.
In addition to those deaths, ESI acknowledged the deaths of golden and bald eagles at 50 ESI and NextEra-affiliated wind farms since 2012. The birds were killed in eight states, prosecutors said: Wyoming, California, New Mexico, North Dakota, Colorado, Michigan. , Arizona and Illinois.
Birds are killed when they fly into the blades of wind turbines. Some ESI turbines killed multiple eagles, and because carcasses aren’t always found, officials said the death toll was likely higher than the 150 birds cited by prosecutors in court documents.
NextEra’s plea deal comes amid a push by President Joe Biden for more renewable energy from wind, solar and other sources to help reduce emissions that cause climate change. It also follows a renewed commitment by federal wildlife officials under Biden to enforce protections for eagles and other birds under the Migratory Bird Treaty Act, after criminal prosecutions were halted under former President Donald Trump.
It is illegal to kill or harm eagles under federal law.
The bald eagle, the national symbol of the US, was removed from protection under the Endangered Species Act in 2007, following a dramatic recovery from widespread destruction due to harmful pesticides and other problems. Wildlife officials say more than 300,000 bald eagles now occupy the US, not including Alaska.
Golden eagles have not fared as well, with populations considered stable but under pressure from wind farms, vehicle collisions, illegal shootings and lead ammunition poisoning. There are an estimated 31,800 golden eagles in the western US, according to a study released last week by leading eagle researchers with the US Fish and Wildlife Service and others.
More than 2,000 golden eagles die annually from human causes, or about 60% of all deaths, the researchers said. The study concluded that golden eagle deaths are “likely to increase in the future” due to wind power development and other human activities.
Historically, companies have been able to avoid prosecution under the century-old Migratory Bird Treaty if they take steps to prevent bird deaths and seek permits for those that do occur. ESI did not seek such permission, officials said.
The company was warned before building the wind farms in New Mexico and Wyoming that they would kill birds, but proceeded anyway, at times ignoring advice from federal wildlife officials on how to minimize deaths, according to court documents.
“For more than a decade, ESI has violated (wildlife) laws, capturing eagles without even seeking the necessary permit,” said Deputy Attorney General Todd Kim of the Department of Environment and Natural Resources Division. Justice, in a statement.
ESI agreed under a plea agreement to spend up to $27 million during its five-year trial period on measures to prevent future eagle deaths. That includes shutting down turbines at times when eagles are most likely to be present.
Despite those measures, wildlife officials anticipate that some eagles could still be killed. When that happens, the company will pay $29,623 per eagle killed, according to the agreement.
NextEra president Rebecca Kujawa said bird collisions with wind turbines are unavoidable accidents that should not be criminalized. She said the Juno Beach, Florida-based company, which bills itself as the world’s largest utility by market value, is committed to reducing harm to wildlife from its projects.
“We disagree with the government’s underlying enforcement activity,” Kujawa said in a statement. “Building any structure, driving any vehicle, or flying any aircraft carries the potential for accidental collisions of eagles and other birds.”
Reference-abcnews.go.com