Wind energy company guilty in eagle death

WASHINGTON — The government for the first time has enforced environmental laws protecting birds against wind energy facilities, winning a $1 million settlement Friday from a power company that pleaded guilty to killing 14 eagles and 149 other birds at two Wyoming wind farms.

The Obama administration has championed pollution-free wind power and used the same law against oil companies and power companies for drowning and electrocuting birds. The case against Duke Energy Corp. and its renewable energy arm was the first prosecuted under the Migratory Bird Treaty Act against a wind energy company.

“In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths,” Robert G. Dreher, acting assistant attorney general for the Justice Department’s Environment and Natural Resources Division, said in a statement Friday.

An investigation by The Associated Press in May revealed dozens of eagle deaths from wind energy facilities, including at Duke’s Top of the World farm outside Casper, Wyo., the deadliest for eagles of 15 such facilities that Duke operates nationwide. The other wind farm included in the settlement is also in Converse County and is called Campbell Hill. All the deaths, which included golden eagles, hawks, blackbirds, wrens and sparrows, occurred from 2009 to 2013.

The Charlotte, N.C.-based Duke has a market capitalization of nearly $50 billion.

“We deeply regret the impacts of golden eagles at two of our wind facilities,” said Greg Wolf, president of Duke Energy Renewables Inc. in a statement. “Our goal is to provide the benefits of wind energy in the most environmentally responsible way possible.”

A study in September by federal biologists found that wind turbines had killed at least 67 bald and golden eagles since 2008. Wyoming had the most eagle deaths. That did not include deaths at Altamont Pass, an area in northern California where wind farms kill an estimated 60 eagles a year.

Until Friday’s announcement, not a single wind energy company had been prosecuted for a death of an eagle or other protected bird — even though each death is a violation of federal law, unless a company has a federal permit. Not a single wind energy facility has obtained a permit.