Wind energy company pleads guilty to killing and injuring eagles at its facilities News
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Wind energy company pleads guilty to killing and injuring eagles at its facilities

An energy company was sentenced Tuesday in Cheyenne, Wyoming, for multiple violations of the Migratory Bird Treaty Act (MBTA).

ESI Energy Inc. is a wholly-owned subsidiary of NextEra Energy Resources LLC, which is owned by NextEra Energy Inc. ESI owns many companies that run wind energy generation facilities throughout the US, including in Wyoming and New Mexico. The company pleaded guilty to three counts of violating the MBTA, based on the deaths of golden eagles by blunt force trauma from wind turbine blades at facilities operated in the two states.

The company also admitted to the deaths of at least 150 bald and golden eagles since 2012 at 50 of the 154 facilities that it controls, with 136 of those deaths determined to be attributable to turbine blade strikes. The MBTA prohibits the “taking” of migratory birds, including bald and golden eagles, without a permit from the US Fish and Wildlife Service (USFWS). Eagles are also protected by the Eagle Act, which similarly prohibits the taking of eagles without an Eagle Take Permit (ETP) from USFWS.

Court documents show that the government thinks ESI violated both acts but accepted the company’s guilty plea to just the MBTA counts due to ESI’s agreement to apply for permits at its facilities. According to the government, ESI and its affiliates deliberately did not apply for the necessary ETPs in order to save money, thereby gaining a competitive advantage over other wind energy companies that did comply with the federal laws.

The court sentenced ESI to a fine of $1,861,600, restitution of $6,210,991, and five years of probation during which it must implement an Eagle Management Plan. The plan requires the expenditure of up to $27 million for measures to mitigate further eagle deaths and injuries, and payment of compensatory mitigation of $29,623 per bald or golden eagle killed or injured in the future. The company must also apply for permits over the next three years for the unavoidable take of eagles either documented or predicted at 54 of its facilities.

Assistant Attorney General Todd Kim said that the Justice Department would enforce wildlife laws to maintain stable eagle populations and promote fair competition between companies. He added that the department is “pleased to see ESI now commit to seeking such permits and ultimately ceasing such violations.” Edward Grace, Assistant Director of the USFWS’ Office of Law Enforcement, said that the plea agreement “marks a path forward for the benefit of eagles and other wildlife resources entrusted to the Service’s stewardship.”

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