In the first case of its kind, a large energy company has pleaded guilty to killing birds at its large wind turbine farms in Wyoming and has agreed to pay $1 million as punishment.
Duke Energy Renewables -- a subsidiary of the Fortune 250 Duke Energy Corp. -- admitted to violating the federal Migratory Bird Treaty Act in connection with the deaths of more than 160 birds, including 14 golden eagles, according to court documents.
The deaths took place between 2009 and 2013 at two Duke sites in Wyoming that have 176 wind turbines, according to court documents.
"This case represents the first criminal conviction under the Migratory Bird Treaty Act for unlawful avian takings at wind projects," said Robert G. Dreher, acting assistant attorney general for the Justice Department's Environment and Natural Resources Division, in a statement. He released the statement Friday, the same day Duke admitted to the violations.
The Migratory Bird Treaty Act was enacted in 1918. It is intended to protect more than 1,000 species of birds and makes the killing of such birds a federal offense. The golden eagle is not endangered, but it has been federally protected since 1962.
Though this is the first enforcement of the law in a case against a wind turbine company, the Fish and Wildlife Service is investigating 18 bird-death cases involving wind power facilities, the Associated Press reported.
The Justice Department said Duke had failed to make all efforts to build the projects in a way that would reduce the risk of bird deaths, despite a warning from the Fish and Wildlife Service. Duke noted that it built the sites between 2007 and 2009 before the regulations for wind turbines were created.
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