A wind energy company has pleaded guilty after killing at least 150 eagles

NextEra Energy subsidiary ESI Energy pleaded guilty to three counts of violating the Migratory Bird Treaty Act during a Tuesday court appearance in Cheyenne, Wyoming. It was charged in the deaths of eagles at three of its wind farms in Wyoming and New Mexico. In addition to those deaths, golden and bald eagles were killed at wind farms affiliated with ESI and NextEra since 2012 in eight states, prosecutors said: Wyoming, California, New Mexico, North Dakota, Colorado, Michigan, Arizona and Illinois. The birds are killed when they fly into the blades of wind turbines. Some ESI turbines killed multiple eagles, prosecutors said.


BILLINGS, Mont. — A wind energy company was 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 Wednesday.

NextEra Energy subsidiary ESI Energy pleaded guilty to three counts of violating the Migratory Bird Treaty Act during a Tuesday court appearance in Cheyenne, Wyoming. It was charged in the deaths of eagles at three of its wind farms in Wyoming and New Mexico.

In addition to those deaths, golden and bald eagles were killed at wind farms affiliated with ESI and NextEra since 2012 in eight states, prosecutors said: Wyoming, California, New Mexico, North Dakota, Colorado, Michigan, Arizona and Illinois. The birds are killed when they fly into the blades of wind turbines. Some ESI turbines killed multiple eagles, prosecutors said.

It's illegal to kill or harm eagles under federal law.

The bald eagle — the U.S. national symbol — was removed from protection under the Endangered Species Act in 2007, following a dramatic recovery from its widespread decimation due to harmful pesticides and other problems. Golden eagles have not fared as well, with populations considered stable but under pressure including from wind farms, collisions with vehicles, illegal shootings and poisoning from lead ammunition.

The case comes amid a push by President Joe Biden for more renewable energy from wind, solar and other sources to help reduce climate changing emissions. 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.

Companies historically have been able to avoid prosecution if they take steps to avoid bird deaths and seek permits for those that occur. ESI did not seek such a permit, authorities said.

The company was warned prior to building the wind farms in New Mexico and Wyoming that they would kill birds, but it proceeded anyway and at times ignored advice from federal wildlife officials about how to minimize the deaths, according to court documents.

"For more than a decade, ESI has violated (wildlife) laws, taking eagles without obtaining or even seeking the necessary permit," said Assistant Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division in a statement.

ESI agreed under a plea agreement to spend up to $27 million during its five-year probationary period on measures to prevent future eagle deaths. That includes shutting down turbines at times when eagles are more likely to be present.

Despite those measures, wildlife officials anticipate that some eagles still could die. When that happens, the company will pay $29,623 per dead eagle, under the agreement.

NextEra President Rebecca Kujawa said collisions of birds with wind turbines are unavoidable accidents that should not be criminalized. She said the company is committed to reducing damage 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 airplane carries with it a possibility that accidental eagle and other bird collisions may occur."

https://www.windaction.org/posts/53415

Newfoundland and Labrador to lift ban on wind power

ST. JOHN’S, N.L. – A ban on wind power that has been in place in the province since 2007 will be lifted within “weeks to months,” says Minister of Industry, Energy, and Technology Andrew Parsons, who announced the policy change in the House of Assembly Tuesday afternoon, April 5.

Parsons said it will allow industrial customers to generate wind energy for their own consumption and for export.

“This is a significant move in supporting our transition to a greener economy,” he said.

Parsons said the ban was a barrier to wind-power investment and development.

He said the province’s wind energy could be harnessed for industrial customers, for export through transmission lines, for the production and export of hydrogen and ammonia, and to supply energy to Newfoundland and Labrador Hydro.

Parsons said his department has been engaged with a number of companies interested in exploring industrial development, and details on an approval process for wind-power development will be released “in the coming weeks.”

Speaking with reporters after the announcement, Parsons said there’s still a lot of policy work left to be figured out, but the government wants to signal to developers that the province is open for business on wind energy.

Parsons said there are no concerns about whether this will lessen demand for power from the the Muskrat Falls hydroelectric development, or hike electricity rates.

“Doing this policy doesn’t change the issue that is Muskrat Falls, and a lot of the decisions we make still operate around that. So, that’s one of the things that we’re keeping in mind, and some of the policy that’s left to develop because we don’t want to cannibalize the system that we have here where now companies will say we’re going to develop our own instead of that,” said Parsons.

He said there’s “absolutely” going to be a lot of interest in wind-power development immediately because of this move.

Continue reading at:

https://www.wind-watch.org/news/2022/04/06/newfoundland-and-labrado...

Portland Press Herald coverage - check out the following comment from a reader. Shill much?

More a testament to how well the eagles have come back than a problem with the turbines. Fifty years ago the number would have been pretty much zero. The fact that it's a problem is good news.

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Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT

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(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/

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Hannah Pingree on the Maine expedited wind law

Hannah Pingree - Director of Maine's Office of Innovation and the Future

"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."

https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/

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