April 5, 2022

Wind energy provider ESI Energy Inc. pleaded guilty to violations of the Migratory Bird Treaty Act (MBTA), agreeing to fines and restitution of $8 million and to implement management and mitigation programs valued at up to $27 million in order to minimize eagle deaths associated with its facilities.  ESI did not apply for “eagle take permits” in connection with wind energy facilities it constructed and operated.  The government alleged that ESI sought to avoid MBTA requirements that could have delayed operation of its facilities or reduced their operation, and received hundreds of millions of dollars in federal tax credits for generating electricity from wind power at facilities that it operated, knowing that multiple eagles would be killed and wounded without legal authorization.  USAO WY

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