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Wind farms get pass on eagle deaths; 83,000 hunting birds killed each year

By Dina Cappiello

Associated Press

Published: Tuesday, May 14 2013 6:00 a.m. MDT

A wind turbine farm owned by PacifiCorp stands near Glenrock, Wyo., Monday, May 6, 2013. Wind farms owned by the company, with clusters of turbines as tall as 30-story buildings and spinning rotors the size of jetliners, have killed at least 20 eagles in the state, according to data obtained by The Associated Press. It's the not-so-green secret of the nation's wind-energy boom: Spinning turbines are killing thousands of federally protected birds, including eagles, each year.

Matt Young, Associated Press

CONVERSE COUNTY, Wyo. — It happens about once a month here, on the barren foothills of one of America's green-energy boomtowns: A soaring golden eagle slams into a wind farm's spinning turbine and falls, mangled and lifeless, to the ground.

Killing these iconic birds is not just an irreplaceable loss for a vulnerable species. It's also a federal crime, a charge that the Obama administration has used to prosecute oil companies when birds drown in their waste pits, and power companies when birds are electrocuted by their power lines.

But the administration has never fined or prosecuted a wind-energy company, even those that flout the law repeatedly. Instead, the government is shielding the industry from liability and helping keep the scope of the deaths secret.

Wind power, a pollution-free energy intended to ease global warming, is a cornerstone of President Barack Obama's energy plan. His administration has championed a $1 billion-a-year tax break to the industry that has nearly doubled the amount of wind power in his first term.

But like the oil industry under President George W. Bush, lobbyists and executives have used their favored status to help steer U.S. energy policy.

The result is a green industry that's allowed to do not-so-green things. It kills protected species with impunity and conceals the environmental consequences of sprawling wind farms.

More than 573,000 birds are killed by the country's wind farms each year, including 83,000 hunting birds such as hawks, falcons and eagles, according to an estimate published in March in the peer-reviewed Wildlife Society Bulletin.

Getting precise figures is impossible because many companies aren't required to disclose how many birds they kill. And when they do, experts say, the data can be unreliable.

When companies voluntarily report deaths, the Obama administration in many cases refuses to make the information public, saying it belongs to the energy companies or that revealing it would expose trade secrets or implicate ongoing enforcement investigations.

Nearly all the birds being killed are protected under federal environmental laws, which prosecutors have used to generate tens of millions of dollars in fines and settlements from businesses, including oil and gas companies, over the past five years.

"We are all responsible for protecting our wildlife, even the largest of corporations," Colorado U.S. Attorney David M. Gaouette said in 2009 when announcing Exxon Mobil had pleaded guilty and would pay $600,000 for killing 85 birds in five states, including Wyoming.

The large death toll at wind farms shows how the renewable energy rush comes with its own environmental consequences, trade-offs the Obama administration is willing to make in the name of cleaner energy.

"It is the rationale that we have to get off of carbon, we have to get off of fossil fuels, that allows them to justify this," said Tom Dougherty, a long-time environmentalist who worked for nearly 20 years for the National Wildlife Federation in the West, until his retirement in 2008. "But at what cost? In this case, the cost is too high."

The Obama administration has refused to accept that cost when the fossil-fuel industry is to blame. The BP oil company was fined $100 million for killing and harming migratory birds during the 2010 Gulf oil spill. And PacifiCorp, which operates coal plants in Wyoming, paid more than $10.5 million in 2009 for electrocuting 232 eagles along power lines and at its substations.

But PacifiCorp also operates wind farms in the state, where at least 20 eagles have been found dead in recent years, according to corporate surveys submitted to the federal government and obtained by The Associated Press. They've neither been fined nor prosecuted. A spokesman for PacifiCorp, which is a subsidiary of MidAmerican Energy Holdings Co. of Des Moines, Iowa, said that's because its turbines may not be to blame.

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