Wind farm company pleads guilty to bird deaths

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WASHINGTON — A major U.S. power company pleaded guilty to killing eagles and other birds at two Wyoming wind farms and agreed to pay $1 million as part of the first enforcement of environmental laws protecting birds against wind energy facilities.

Until the settlement announced Friday with Duke Energy Corp. not a single wind energy company had been prosecuted for a death of an eagle or other protected bird — even though each death is a violation of federal law, unless a company has a federal permit. No wind energy facility has obtained a permit.

The Charlotte, N.C.-based company pleaded guilty to killing 14 eagles and 149 other birds at its Top of the World and Campbell Hill wind farms outside Casper, Wyo. All the deaths, which included golden eagles, hawks, blackbirds, wrens and sparrows, occurred from 2009 to 2013.

“Wind energy is not green if it is killing hundreds of thousands of birds,” said George Fenwick, president of the American Bird Conservancy, which supports properly sited wind farms. “The unfortunate reality is that the flagrant violations of the law seen in this case are widespread.”

There could be more enforcement. The Fish and Wildlife Service is investigating 18 bird-death cases involving wind-power facilities, and about a half-dozen have been referred to the Justice Department.

Wind farms are clusters of turbines as tall as 30-story buildings, with spinning rotors as wide as a passenger jet’s wingspan. Though the blades appear to move slowly, they can reach speeds up to 170 mph at the tips, creating tornado-like vortexes.

Eagles are especially vulnerable because they don’t look up as they scan the ground for food, failing to notice the blades until it’s too late.

“No form of energy generation, or human activity for that matter, is completely free of impacts, and wind energy is no exception,” the American Wind Energy Association said.

The case against Duke Energy and Duke Energy Renewables Inc. was the first prosecuted under the Migratory Bird Treaty Act against a wind energy company. The Obama administration has used the same law against oil companies and power companies for drowning and electrocuting birds.

“In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths,” said Robert G. Dreher, acting assistant attorney general for the Justice Department’s Environment and Natural Resources Division.

“We deeply regret the impacts of golden eagles at two of our wind facilities,” said Greg Wolf, president of Duke Energy Renewables. “Our goal is to provide the benefits of wind energy in the most environmentally responsible way possible.”

A study in September by federal biologists found that wind turbines had killed at least 67 bald and golden eagles since 2008. Wyoming had the most eagle deaths. That did not include deaths at Altamont Pass, an area in Northern California where wind farms kill an estimated 60 eagles a year.

An investigation in May by The Associated Press revealed dozens of eagle deaths from wind energy facilities, including at Duke’s Top of the World farm, the deadliest for eagles of 15 such facilities that Duke operates nationwide.

In 2009, Exxon Mobil pleaded guilty and paid $600,000 for killing 85 birds in five states. The BP oil company was fined $100 million for killing and harming migratory birds during the 2010 Gulf oil spill.

And PacifiCorp, which operates coal plants, paid more than $10.5 million in 2009 for electrocuting 232 eagles along power lines and at its substations.

The wind farms in Friday’s settlement came on line before the Obama administration drafted voluntary guidelines encouraging wind energy companies to work with the Fish and Wildlife Service to avoid locations that would impact wildlife. Companies that choose to cooperate get rewarded because prosecutors take it into consideration before pursuing prosecution.

Comments

dwardawea 11 months ago

While the American Wind Energy Association cannot speak to the specifics of this case as they are not public, based on our understanding of the settlement agreement this is a clear example of a wind company taking responsibility for unforeseen impacts to wildlife and providing conservation measures to not only offset those impacts, but also with respect to other sources of impact existing in the landscape today. This agreement will help advance the knowledge of wind wildlife interactions to further reduce the industry's relatively small impacts.

It is worth keeping in mind that the 1918 Migratory Bird Treaty Act has broad implications. Essentially anyone who kills even one bird, either knowingly or unknowingly could face prosecution for violating the act. The wind energy industry continues to do more than any other industry of which we are aware to study potential impacts before construction, make changes to plans to avoid and minimize those impacts, study operational impacts and mitigate them.

It is noteworthy that through the settlement, Duke Energy Renewables has agreed to be held to a higher standard than companies in other sectors, not only paying a fine for the impacts, but agreeing to avoid, minimize and mitigate for future impacts, and conduct research into means for reducing impacts in other locations.

No form of energy generation, or human activity for that matter, is completely free of impacts. However, as demonstrated in a 2009 analysis of six forms of energy generation lifecycle impacts (including coal, oil, natural gas, nuclear, hydro, and onshore wind) prepared on behalf of the New York State Energy Research and Development Authority (NYSERDA), wind energy's impacts were shown to be the lowest and relatively small in comparison to all other generation sources.

At the end of the day, no one takes the issue of wildlife impacts more seriously than the wind industry, and the industry does more to study, monitor, and mitigate for the impacts associated with project development and operation than any other energy sector.

To read more facts about wind and wildlife visit our fact sheet: http://bit.ly/1ekdpc8

Or learn more by reading this blog by Union of Concerned Scientists’ Elliott Negin: http://www.huffingtonpost.com/elliott-negin/wind-energy-threat-to-bir_b_4321113.html

American Wind Energy Association

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