from Huffington Post 

 

gordon andersson

st paul

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Power
<http://www.huffingtonpost.com/2013/11/22/duke-energy-bird-fine_n_4326596.ht
ml>  Company's Guilty Plea Nets Big Fine For Bird-Killing Wind Turbines 


WASHINGTON
<http://www.huffingtonpost.com/2013/11/22/duke-energy-bird-fine_n_4326596.ht
ml>  -- Duke Energy's renewables division will pay $1 million in fines and
restitution for unlawfully killing golden eagles and other threatened birds
with its wind turbines, the Department of Justice announced
<http://www.justice.gov/opa/pr/2013/November/13-enrd-1253.html>  Friday in
its first criminal enforcement of the Migratory Bird Treaty Act. Duke Energy
Renewables Inc., a subsidiary of North Carolina-based Duke Energy Corp.,
pleaded guilty to violating the
<http://www.fws.gov/migratorybirds/regulationspolicies/mbta/mbtintro.html>
federal law that protects
<https://www.fws.gov/migratorybirds/RegulationsPolicies/mbta/mbtandx.html>
hundreds of bird species. The company admitted killing 14 golden eagles and
149 other protected birds, including hawks, blackbirds, larks, wrens and
sparrows, at two sites in Converse County, Wyo., from 2009 to 2013. "This
case represents the first criminal conviction under the Migratory Bird
Treaty Act for unlawful avian takings at wind projects," Robert G. Dreher,
acting assistant attorney general for the Justice Department's Environment
and Natural Resources Division, said in a statement. Duke "acknowledges that
it constructed these wind projects in a manner it knew beforehand would
likely result in avian deaths," but since then has taken steps to "minimize
the hazard," Dreher said. The company's plea agreement with the government
requires it to pay the fine and to put in place a plan to prevent bird
deaths at its four commercial wind farms in Wyoming. Duke Energy Renewables
will be on probation for five years. The penalty will be paid to
conservation groups that include the North American Wetlands Conservation
Fund, the Wyoming Game & Fish Department, and the National Fish and Wildlife
Foundation. "Our goal is to provide the benefits of wind energy in the most
environmentally responsible way possible," Greg Wolf, president of Duke
Energy Renewables, said in a
<http://www.duke-energy.com/news/releases/2013112203.asp>  statement. "We
deeply regret the impacts to golden eagles at two of our wind facilities. We
have always self reported all incidents, and from the time we discovered the
first fatality, we've been working closely with the Fish and Wildlife
Service to take proactive steps to correct the problem." The American Wind
Energy Association, the lobbying group representing the industry, issued a
statement arguing that wind energy's impact on birds is not that
significant. "This agreement will help advance the knowledge of wind
wildlife interactions to further reduce the industry's relatively small
impacts," the group said. "No form of energy generation, or human activity
for that matter, is completely free of impacts and wind energy is no
exception," said the statement. It pointed to a 2009
<http://big.assets.huffingtonpost.com/NYSERDAWildlifereport.pdf>  study from
the New York State Energy Research and Development Authority that found that
wind energy has a lower impact overall on birds than other energy sources.
Bird and wildlife conservationists often favor renewable power, but wind
turbines can have a brutal effect on birds without mitigation. George
Fenwick, president of American Bird Conservancy, acknowledged this tension
in a statement. "Wind energy is not green if it is killing hundreds of
thousands of birds," Fenwick said. "We are pro-wind and pro-alternative
energy, but development needs to be bird smart. The unfortunate reality is
that the flagrant violations of the law seen in this case are widespread." 

  

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