Wind farms getting pass on federal crime in bird deaths

By Dina Cappiello

Associated Press

Published: Tuesday, May 14 2013 7:25 p.m. MDT

Wind turbines generate electricity, but there's a not-so-green secret of the wind-energy boom: Spinning turbines are killing thousands of birds.

Associated Press

CONVERSE COUNTY, Wyo. — The Obama administration has never fined or prosecuted a wind farm for killing eagles and other protected bird species, shielding the industry from liability and helping keep the scope of the deaths secret, an Associated Press investigation has found.

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.

Each death is 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. No wind energy company has been prosecuted, even those that repeatedly flout the law.

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.

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."

Documents and emails obtained by The Associated Press offer glimpses of the problem: 14 deaths at seven facilities in California, five each in New Mexico and Oregon, one in Washington state and another in Nevada, where an eagle was found with a hole in its neck, exposing the bone.

One of the deadliest places in the country for golden eagles is Wyoming, where federal officials said wind farms had killed more than four dozen golden eagles since 2009, predominantly in the southeastern part of the state.

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.

"What it boils down to is this: If you electrocute an eagle, that is bad, but if you chop it to pieces, that is OK," said Tim Eicher, a former U.S. Fish and Wildlife Service enforcement agent based in Cody, Wyo.

In its defense, the wind-energy industry points out that more eagles are killed each year by cars, electrocutions and poisoning than by turbines. Dan Ashe, the Fish and Wildlife Service's director, said in an interview Monday with the AP, that his agency always has made clear to wind companies that if they kill birds they would still be liable.

But by not enforcing the law so far, the administration provides little incentive for companies to build wind farms where there are fewer birds. And while companies already operating turbines are supposed to do all they can to avoid killing birds, in reality there's little they can do once the windmills are spinning.

Wind farms are clusters of turbines as tall as 30-story buildings, with spinning rotors the size of jetliners.

"There's still additional work to be done with eagles and other avian species, but we are working on it very hard," Salazar said. "We will get to the right balance."

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