THE CITY OF BILLINGS, MONTANA — Federal prosecutors announced Wednesday that a wind energy business was sentenced to probation and forced to pay more than $8 million in penalties and compensation after at least 150 eagles were killed at its wind farms in eight states over the previous decade.
During a court hearing in Cheyenne, Wyoming on Tuesday, NextEra Energy subsidiary ESI Energy pled guilty to three charges of breaching the Migratory Bird Treaty Act. Three of its wind farms in Wyoming and New Mexico were accused of killing eagles.
Prosecutors alleged that since 2012, golden and bald eagles have been killed in wind farms owned by ESI and NextEra in eight states: Wyoming, California, New Mexico, North Dakota, Colorado, Michigan, Arizona, and Illinois. When birds fly into the blades of wind turbines, they are killed. Prosecutors claim that certain ESI turbines killed numerous eagles.
Federal legislation makes it illegal to kill or hurt eagles.
The bald eagle, the national emblem of the United States, was delisted from the Endangered Species Act in 2007, after a remarkable recovery from widespread extinction due to pesticides and other issues. Golden eagle populations have not fared as well, with numbers deemed steady but under threat from wind farms, automobile crashes, illegal shootings, and lead poisoning.
President Joe Biden is pushing for more renewable energy from wind, solar, and other sources to help cut climate change emissions. It also comes as federal wildlife authorities under Biden recommitted to enforcing the Migratory Bird Treaty Act’s safeguards for eagles and other species, after criminal charges were discontinued under former President Donald Trump.
Companies have been able to escape punishment in the past by taking precautions to prevent bird fatalities and applying for licences for those that do occur. According to officials, ESI did not apply for such a permission.
According to court records, the firm was informed that the wind farms in New Mexico and Wyoming would kill birds before they were built, but it went forward nonetheless, ignoring recommendations from federal wildlife experts on how to reduce the deaths.
In a statement, Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division stated, “For well than a decade, ESI has violated (wildlife) regulations, removing eagles without getting or even seeking the requisite permit.”
ESI agreed to pay up to $27 million during its five-year probationary period on efforts to avoid future eagle fatalities as part of a plea bargain. This involves turning off turbines when eagles are more likely to be in the area.
Despite these precautions, wildlife authorities expect some eagles to perish. Under the terms of the deal, the corporation will pay $29,623 each killed eagle.
Bird crashes with wind turbines, according to NextEra President Rebecca Kujawa, are inevitable incidents that should not be criminalized. She stated that the firm is dedicated to minimizing animal damage as a result of its initiatives.
In a statement, Kujawa stated, “We disagree with the government’s underlying enforcement conduct.” “When constructing a construction, operating a vehicle, or flying an airplane, there is always the risk of colliding with an eagle or other bird.”