Company Pleads Guilty After Wind Turbines Kill 150 Eagles, 92 In CA

SACRAMENTO, CA — A subsidiary of a massive renewable energy provider pleaded guilty this week to criminal charges in the deaths of at least 150 bald and golden eagles — including at least 92 in California — and nearly all were killed by wind turbine blades.

ESI Energy was sentenced Tuesday in Cheyenne after pleading guilty in a deal with prosecutors to three counts of violating the Migratory Bird Treaty Act, federal prosecutors said.

The counts were based on documented deaths of golden eagles that died of blunt force trauma after being struck by a wind turbine blade at facilities in Wyoming and New Mexico, where the company didn't apply for required permits, authorities said.

The bird act bans the killing or collecting of migratory birds, including bald and golden eagles, without a permit from the U.S. Fish and Wildlife Service.

Bald and golden eagles are also protected under the Bald and Golden Eagle Protection Act, which, also bans killing and wounding eagles without a federal permit.

"ESI further acknowledged that at least 150 bald and golden eagles have died in total since 2012, across 50 of its 154 wind energy facilities," prosecutors said in a news release. "136 of those deaths have been affirmatively determined to be attributable to the eagle being struck by a wind turbine blade."

ESI is a wholly owned subsidiary of NextEra Energy Resources LLC, which in turn is a wholly owned subsidiary of NextEra Energy.

NextEra, based in Juno Beach, Florida, has more than 100 wind farms in the United States and Canada. The company — which also generates natural gas, nuclear and solar energy — calls itself the world’s largest utility company according to market value. It operates wind turbines in the northern California communities of Solano and Contra Costa, as well as the southern California communities of Kern and Riverside.

ESI must pay a fine of nearly $1.9 million, as well as about $6.2 million in restitution. The company was also sentenced to five years of probation, during which it must follow an eagle management plan, requiring ESI to implement up to $27 million in measures designed to prevent eagle deaths and injuries.

Steven Stengel, a spokesperson for NextEra, told The Associated Press the company didn’t seek permits because it believed the law didn’t require them for unintentional bird deaths. The company said its guilty plea resolves all allegations over past deaths, and allows it to move forward without a continued threat of prosecution.

Phillip A. Talbert, U.S. attorney for the Eastern District of California, said California was awarded more than $4.6 million in restitution under the plea deal.

“This prosecution and the restitution it secures will protect the ecologically vital and majestic natural resources of our bald eagle and golden eagle populations,” Talbert said.

Todd Kim, assistant attorney general of the Justice Department’s Environment and Natural Resources Division, said in a statement that ESI violated migratory bird laws for more than a decade, "taking eagles without obtaining or even seeking the necessary permit."

Court documents showed the government accepted ESI's guilty plea largely due to the company's agreement to apply for permits at 50 facilities, as well as its prior efforts to minimize and mitigate eagle deaths.

"We are pleased to see ESI now commit to seeking such permits and ultimately ceasing such violations," he said.

The case centered on wind turbine farms in Converse and Laramie counties in Wyoming, as well as De Baca and Quay counties in New Mexico. ESI owns many companies that operate wind farms in Wyoming, New Mexico, Arizona, California, Colorado, Illinois, North Dakota and Michigan, as well as other states.

L. Robert Murray, U.S. attorney for the District of Wyoming, said the sentencing shows the government's commitment to maintaining sustainable resources, and ensures companies that receive federal tax credits comply with federal law.

The eagles, a national symbol, were in danger of extinction throughout most of its range as recently as 40 years ago. Experts estimated the bald eagle population was about 317,000 and, the golden eagle population was about 30,000 in the U.S.

The bald eagle population has quadrupled since the last set of data was collected in 2009, the Fish and Wildlife Service said, noting bald eagles were removed from the endangered species list in 2007.