A wind power developer based in the United States admitted that at least 150 bald and golden eagles have died across 50 of its 154 wind energy facilities, according to the Department of Justice.
ESI Energy Inc. (ESI) pleaded guilty to three counts of violating the Migratory Bird Treaty Act (MBTA).
The company pleaded guilty based on the documented deaths of golden eagles due to blunt force trauma from hitting the blades of wind turbines.
According to the department, “136 of those deaths have been affirmatively determined to be attributable to the eagle being struck by a wind turbine blade.”
As part of the plea agreement, ESI has been hit with a fine of $1,861,600, restitution in the amount of $6,210,991, and a five-year period of probation.
The company must follow an Eagle Management Plan (EMP) during the probation period.
Additionally, the company must apply for permits over the next 36 months for each of its 50 facilities where eagle deaths have been confirmed.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division said in a statement, “The Justice Department will enforce the nation’s wildlife laws to promote Congress’s purposes, including ensuring sustainable populations of bald and golden eagles, and to promote fair competition for companies that comply.”
He added, “For more than a decade, ESI has violated those laws, taking eagles without obtaining or even seeking the necessary permit. We are 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, explained that the “U.S. Fish and Wildlife Service (USFWS) has a long history of working closely with the wind power industry to identify best practices in avoiding and minimizing the impacts of land-based wind energy facilities on wildlife, including eagles.”
He continued, “This agreement holds ESI and its affiliates accountable for years of unwillingness to work cooperatively with the Service and their blatant disregard of wildlife laws, and finally marks a path forward for the benefit of eagles and other wildlife resources entrusted to the Service’s stewardship.”
The department noted Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (the Eagle Act).
The act protects the eagles by prohibiting killing and wounding eagles without a permit from USFWS.
