BILLINGS, Mont. — A wind energy company was sentenced in federal court Tuesday for violating the Migratory Bird Treaty Act.
ESI Energy Inc., a subsidiary of NextEra Energy Resources LLC, operates wind energy generation facilities throughout the United States, according to a Department of Justice news release.
ESI pleaded guilty to three counts of violating the MBTA. The company also acknowledged that at least 150 bald and golden eagles have died since 2012 at its wind energy facilities. 136 of those 150 deaths have been attributed to eagles being struck by a wind turbine blade, the DOJ said.
Per the plea agreement, the court sentenced ESI to the following: a fine of $1,861,600, restitution in the amount of $6,210,991 and as part of an Eagle Management Plan, implementation of up to $27 million for measures intended to minimize additional eagle deaths and injuries.
ESI will be fined $29,623 per bald or golden eagle for any future eagle deaths or injuries, according to the terms of the plea agreement.
“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,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
NextEra President Rebecca Kujawa told The Associated Press that collisions of birds with wind turbines are unavoidable accidents, not criminal acts. She said NextEra and its subsidiaries are committed to reducing damage to wildlife from its renewable energy companies.
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