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Ivan Godal’s Golden Eagle |
(April 7, 2022) ESI Energy, Inc., a wholly owned subsidiary of NextEra Energy Resources, LLC, pleaded guilty to the offence of the federal Migratory Bird Treaty Act (MBTA) on Tuesday, April 5. The company admitted that its turbines killed at least 136 Bald eagle and golden eagle since 2012. The company also violated the Bald and Golden Eagle Protection Act, according to the Justice Department. ESI Energy will pay more than $8 million in fines and restitution, and has been on probation for 5 years during which time is subject to the Eagle Management Plan.
“Renewable energy is essential in the fight against climate change,” said Mike Parr, President of the American Bird Conservancy (ABC). “At the same time, steps must be taken to minimize harm to birds. What we are seeing in this case is a dire need for accountability for the avoidable harms to birds by industry resulting from the company’s failure to comply with the law.
“Unfortunately, the company seems to want to blame the law and the birds for its violations,” Parr continued. “Blaming the birds is like directing a car to the sidewalk and then blaming the pedestrian being run over. Everyone knows that if you put turbines in an eagle’s habitat, people will die.”
Climate change is a serious threat to birds. Recognizing this fact, ABC supports renewable energy, including wind power, and the transition away from fossil fuels. However, wind projects located on major bird migration routes or rest stops can threaten large numbers of birds. Some areas of the country are more suitable for the development of wind energy than others. ABC has provided a wind risk assessment map to help identify these locations.
“The ESI Energy case demonstrates the need to create a simple, efficient system for maintaining the MBTA,” said Steve Holmer, ABC’s Vice President of Policy. “ABC has long advocated for a licensing system that protects birds and reduces the administrative burden on the industry and this would eliminate the need for these types of enforcement actions. We urge the federal government to create an MBTA licensing system to protect birds and provide regulatory certainty to the industry. Everyone wins. ”
