NextEra Energy subsidiary ESI Energy was also sentenced to a five-year suspension after being charged with three counts of violating the Migratory Birds Convention Act during a court appearance in Cheyenne, Wyoming. The charges stem from the deaths of nine eagles at three wind farms in Wyoming and New Mexico. In addition to those deaths, the company acknowledged the deaths of golden eagles and bald eagles at 50 wind farms associated with ESI and NextEra since 2012, prosecutors said. Birds were killed in eight states: Wyoming, California, New Mexico, North Dakota, Colorado, Michigan, Arizona and Illinois. NextEra, headquartered in Juno Beach, Florida, claims to be the largest public utility company in the world in terms of market value. It has more than 100 wind farms in the US and Canada and also produces natural gas, nuclear and solar energy. Nearly all of the eagles killed at NextEra’s subsidiary facilities were struck by wind turbine blades, prosecutors said. Some turbines killed many eagles and because the bodies are not always found, officials said the number killed was probably more than the 150 birds listed in court documents. Prosecutors say the company’s failure to take action to protect the eagles or obtain licenses to kill the birds gave it an edge over competitors who took such measures – even when ESI and other NextEra subsidiaries received hundreds of millions. dollars in federal tax credits from the wind energy they produced. NextEra spokesman Steven Stengel said the company did not apply for permits because it believed the law did not require them for involuntary bird death. The company said its guilty plea would settle all allegations of previous victims and allow it to proceed without the constant threat of prosecution. The criminal case comes amid a push by President Joe Biden for more renewable energy from wind, solar and other sources to help reduce climate change emissions. There is also a renewed commitment by federal wildlife officials under Biden to impose protection measures on eagles and other birds under the Migratory Birds Treaty Act. Prosecution had stopped under former President Donald Trump for birds that were accidentally killed by industry. It is illegal to kill or harm eagles according to the practice of migratory birds. However, a wide range of industries – from energy companies to construction companies – have been pushing for years against law enforcement against accidental bird deaths. The bald eagle – the national symbol of the United States since 1700 – has seen its population decimated extensively in the last century due to harmful pesticides such as DDT and other problems. After a dramatic recovery, it was removed from protection under the Endangered Species Act in 2007. Biologists say more than 300,000 bald eagles now occupy the United States, not including Alaska. The golden eagles did not do so well, with populations considered stable but under pressure from wind farms, vehicle collisions, illegal gunfire and lead ammunition poisoning. Most of the eagles killed at ESI and NextEra wind farms were golden eagles, according to court documents. There are an estimated 31,800 golden eagles in the western United States with 2,200 killed each year from human causes, or about 60% of all deaths, according to a study released last week by leading eagle researchers from the US Fish and Wildlife Service and others. entities. The study concluded that golden eagle deaths “are likely to increase in the future” due to the development of wind energy and other human activities. Historically, companies have been able to avoid prosecution under the centuries-old Migratory Birds Treaty law if they take steps to prevent deaths and seek permits for those who do. Billing documents said company officials, including the president of ESI, had warned that the eagles would be killed if the company built two wind farms in central and southeastern Wyoming, and were aware of the danger to eagles when they authorized a park in New Mexico. about 170 miles (274 kilometers) from Albuquerque. The company went anyway and occasionally ignored further advice from federal wildlife officials on how to minimize deaths, according to court documents. “For more than a decade, ESI has been breaking (wildlife) laws by taking eagles without obtaining or even seeking the necessary permission,” said Assistant Attorney General Todd Kim of the Department of Justice’s Department of Environment and Natural Resources. . ESI has agreed to spend up to $ 27 million during the five-year trial period on measures to prevent future eagle deaths. This includes shutting down turbines at times when eagles are more likely to be present. Despite these measures, wildlife officials expect some eagles could still die. When that happens, the company will pay $ 29,623 per dead eagle under the deal. NextEra president Rebecca Kujawa said bird collisions with wind turbines were inevitable accidents that should not be criminalized. He said the company is committed to reducing wildlife damage from its projects. “We disagree with the underlying government enforcement activity,” Kujawa said in a statement. “The construction of any structure, the driving of any vehicle or the flight of any airplane implies the possibility of an accidental collision of an eagle and other birds.” ——— Follow Matthew Brown on Twitter: @MatthewBrownAP
