150 Eagles Killed In MI, Other States: Company Pleads Guilty

MICHIGAN— In the last decade, at least 150 bald eagles and golden eagles — and likely many more — have died in Michigan

and seven other states, nearly all of them killed after being struck by the blades of a wind energy company's turbines. Now, the company has pleaded guilty to violating the Migratory Bird Treaty Act (MBTA) and has been ordered to pay more than $8 million in fines and restitution.

ESI Energy, a subsidiary of energy giant NextEra Energy, was also sentenced to five years of probation after the birds were killed at its wind farms across the nation. The company has more than 100 wind farms in the U.S. and Canada.

Eagles were killed in Colorado, Wyoming, California, New Mexico, North Dakota, Michigan, Arizona and Illinois, prosecutors said. Under the migratory bird act, it's illegal to harm or kill eagles, but many industries — including energy and manufacturing companies — have pushed against enforcing the law for accidental bird

Because the carcasses of the eagles were not always found after they died on ESI Energy's property, court documents note that it's likely more than 150 eagles were killed.

Prosecutors said ESI Energy failed to take measures to protect the eagles or obtain permits to kill the birds, which gave them an advantage over competitors.

During its probation, ESI must follow an Eagle Management Plan (EMP) requiring it to invest up to $27 million in measures to minimize deaths and injuries to eagles, and to pay $29,623 for each additional bald or golden eagle killed. The company was also ordered to apply for permits for any unavoidable deaths to eagles at each of the 50 facilities where deaths have been documented.

Prosecutors alleged ESI violated both the migratory bird act, as well as the Bald and Golden Eagle Protection Act.

The case against ESI Energy came as President Joe Biden has pushed for more renewable energy from wind, solar and other sources, along with a renewed commitment to enforce protections for eagles and other birds under the Biden administration.

Criminal prosecutions had been halted under former President Donald Trump for birds killed inadvertently by industry.

"For more than a decade, ESI has violated [wildlife] laws, taking eagles without obtaining or even seeking the necessary permit," Assistant Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division said in a statement.

NextEra President Rebecca Kujawa said collisions of birds with wind turbines are unavoidable accidents that should not be criminalized. She said the company is committed to reducing damage to wildlife from its projects.

"We disagree with the government's underlying enforcement activity," Kujawa said in a statement. "Building any structure, driving any vehicle, or flying any airplane carries with it a possibility that accidental eagle and other bird collisions may occur."

The Associated Press contributed to this report.