Eagle deaths investigated at LADWP wind power generation site

[XemaSab]

An investigation has been launched into the deaths of migratory birds including several federally protected golden eagles at the Los Angeles Department of Water and Power’s Pine Tree Wind Project in the Tehachapi Mountains, the U.S. Fish and Wildlife Service said Tuesday.

Should the inquiry result in a prosecution, the 120-megawatt facility on 8,000 acres of rugged terrain would be the first wind farm to face charges under the Endangered Species Act, which could cause some rethinking and redesign of this booming alternative energy source.

Wildlife service spokeswoman Lois Grunwald declined to comment on what she called “an ongoing investigation regarding Pine Tree.” But Joe Ramallo, spokesman for the DWP, said, “We are very concerned about golden eagle mortalities that have occurred at Pine Tree. We have been working cooperatively and collaboratively with the U.S. Fish & Wildlife Service and the California Department of Fish and Game to investigate these incidents.

“We have also actively and promptly self-reported raptor mortalities to both authorities,” he added. “Moving forward, we will be ramping up further our extensive field monitoring and will work with the agencies to develop an eagle conservation plan as part of more proactive efforts to monitor avian activities in the Pine Tree area.”

http://latimesblogs.latimes.com/greenspace/2011/08/an-investigation-has-been-launched-into-the-deaths-of-migratory-birds-including-several-federally-protected-golden-eagles-at.html?dlvrit=142898

[virgogal]

1. This was inevitable,sad to say,but there are thousands of bird

strikes per year involving planes and I'm sure some of those birds are federally protected also.

A tough situation.

[Yo_Mama]

2. well, bird fly into buildings

Are the feds going to sue the building owners?

It's not that I am unsympathetic about the bird/wind turbine issue. I realize that some sitings of wind turbines have been problematic. But I don't think this can qualify for prosecution.

If the government feels it's a danger, the government should make rules about siting wind turbines based on a scientific determination. If not, then the government doesn't have the right to come along and sue someone for an unintentional outcome.

[malakai2]

3. The eagle act is a strict liability statute

So are the Migratory Bird Treaty Act and the Endangered Species Act. If this project involved fed funding or permitting, the developer who built it would have been informed numerous times of those potential liabilities by the funding, permitting, and reviewing agencies prior to construction. If this project did not involve fed funds or permitting, that still does not absolve the developer or operator of its responsibility to comply with the law. There is little chance of a wind turbine operator not being aware that bird strikes, particularly raptor strikes, are a widely reported problem with wind turbines and that they should contact the local Fish and Wildlife office for guidance on project siting and potential liabilities.

The voluntary guidelines the agency and the industry developed cooperatively over the past several years were summarily dismissed by the industry earlier this year. This too does not absolve any company in the industry of its responsibility to comply with the law.

This case is focused on the golden eagles because that species is in decline and there are no permits to kill golden eagles being issued at this time. When buildings start killing golden eagles in numbers, I'm sure the feds will start issuing citations to building owners.