Monday, April 11, 2022

WAS THIS CASE FIXED? "Wind Energy Company to Pay $8 Million in Killings of 150 Eagles" (NY Times)

Several Florida attorneys with federal court experience have never heard of: 

  • unsupervised probation or 
  • 150 violent felonies being treated as misdemeanors.  

And why is the federal court plea agreement still not on file?  

Why are no individuals facing criminal charges?

What's going on here?  

I have requested records from USFWS, NextEra and the Department that calls itself "Justice," as Professor Michael Tigar has often called it. 

Recidivist environmental criminal NextEra owns Florida Power & Light, our local utility monopolist upon which our two itty-bitty cities and St. Johns County conferred special rights, never considering the option of public power through JEA. 

From The New York Times: 

Wind Energy Company to Pay $8 Million in Killings of 150 Eagles

ESI Energy pleaded guilty based on the documented “blunt force trauma” deaths of golden eagles struck by fast-moving turbine blades, prosecutors said.

ESI Energy was sentenced to probation and agreed to spend up to $27 million on measures to “minimize additional eagle deaths and injuries,” prosecutors said.
ESI Energy was sentenced to probation and agreed to spend up to $27 million on measures to “minimize additional eagle deaths and injuries,” prosecutors said.
Credit...Brandon Thibodeaux for The New York Times

A wind energy company pleaded guilty last week to killing at least 150 eagles at its wind farms and was ordered to pay $8 million in fines and restitution, federal prosecutors said.

The company, ESI Energy, a wholly owned subsidiary of NextEra Energy Resources, was also sentenced to probation for five years, during which it must follow an eagle management plan, after pleading guilty on Tuesday to three counts of violating the Migratory Bird Treaty Act.

ESI acknowledged that at least 150 bald and golden eagles had died at its facilities since 2012, and that 136 of those deaths were “affirmatively determined to be attributable to the eagle being struck by a wind turbine blade,” the Justice Department said in a statement.

The deaths occurred across 50 of the 154 wind farms that the company operates in the United States, the Justice Department said.AD

The company failed to take steps to protect the eagles or obtain the permits that are necessary when eagle deaths are documented or predicted, the Justice Department said. By not taking these steps, prosecutors said, ESI had “gained a competitive advantage.”

“This prosecution and the restitution it secures will protect the ecologically vital and majestic natural resources of our bald eagle and golden eagle populations,” Phillip A. Talbert, the U.S. attorney for the Eastern District of California, said in a statement.

Rebecca Kujawa, the president of NextEra, said in a statement that she disagreed with the federal government’s enforcement of the policy because “the reality is building any structure, driving any vehicle, or flying any airplane carries with it a possibility that accidental eagle and other bird collisions may occur as a result of that activity.”

“We have a longstanding and well-earned reputation for protecting our environment and positively coexisting with and supporting wildlife around our facilities,” Ms. Kujawa said. “And we have never sited a wind turbine knowing an eagle would fly into it, nor have we taken any action in disregard of federal law.”

The company agreed to spend up to $27 million on measures to “minimize additional eagle deaths and injuries,” prosecutors said. Steven Stengel, a spokesman for NextEra, said that there was so far no specific breakdown of how that money would be spent.

All but a few hundred bald eagles were presumed dead by the mid-20th century, killed off largely by the widespread use of the synthetic insecticide DDT. A ban on DDT in 1972 and conservation efforts helped the population to rebound. The bald eagle was removed from Endangered Species Act protection in 2007 and its estimated population grew to 316,700 by 2019.

But researchers found this year that of the 1,200 eagles they tested, nearly half had been exposed repeatedly to lead, which can lead to death and slow population growth. Scientists believe that the primary source of the lead is ammunition used by hunters, who shoot animals that the eagles then scavenge.

Protecting the eagles has become a “challenging situation,” especially when it comes to wind turbines, said Julia Ponder, a professor and associate dean at the College of Veterinary Medicine at the University of Minnesota, whose research focuses on raptor medicine and surgery.

“I’d love it if it were black and white, but it’s not,” she said.

While wind turbines can harm eagles and other birds, they are also an alternative form of energy that is cleaner than fossil fuels, which are contributing to a warming of the planet, she said.

The tips of a wind turbine’s blades can spin at about 200 miles per hour, fast enough to immediately kill any bird, Professor Ponder said.

A 2013 study found that between 140,000 and 328,000 birds are killed each year in the United States at monopole turbines.

Roberto Albertani, a professor of mechanical engineering at Oregon State University, said in 2017 that he and his team had devised a system that sought to make wind turbines safer for eagles.

It called for using cameras to determine if the birds were approaching the blades, triggering on-the-ground inflatable tubes, or “wind dancer” figures, like those often seen at car dealerships, to scare the birds away, Professor Albertani said in a presentation last year.

Eagles appear to be “annoyed by anthropomorphic figures,” he said.

Professor Ponder said some researchers were looking into using audio signals to keep the birds away from turbines. Others are working on detection systems that would shut off a turbine when eagles approach — a measure that could be effective, but costly, for power companies.

“These are really complex questions,” she said. “And we have to work to find the right questions to ask, and the answers to them.”

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