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Feds Nix Eagle Penalties for California Wind Farm

A Calif. wind farm will become the first in the nation to avoid prosecution if eagles are injured or die when they run into the giant turning blades.
Image: A golden eagle
A golden eagle is shown in this undated, handout photo provided by the U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife Service said June 26, 2014 that a California wind farm will become the first in the U.S. to avoid prosecution if eagles are injured or die when they run into the giant turning blades. The Shiloh IV Wind Project LLC in California will receive a special permit allowing up to five golden eagles to be accidentally killed, harmed or disturbed over five years.US Fish and Wildlife Service via AP

FRESNO, Calif. — A California wind farm will become the first in the nation to avoid prosecution if eagles are injured or die when they run into the giant turning blades, the U.S. Fish and Wildlife Service said Thursday.

The Shiloh IV Wind Project LLC, 60 miles east of San Francisco, will receive a special permit allowing up to five golden eagles to be accidentally killed over five years. Previously, such a violation could potentially draw criminal charges and discourage private investment in wind farms known for catching birds in their rotors.

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The permit will require the facility to take steps to prevent eagle injuries and deaths from electrocution by retrofitting 133 power poles. The permits are not required of wind farms, and federal prosecutors have only once filed criminal charges against a wind farm, in Wyoming.

Agency Director Daniel Ashe said the permit encourages development of renewable energy while requiring the wind company to take steps to protect eagles from turbines and power lines. The move will help California reach its goal of producing one-third of its energy from renewable sources by 2020, he said.

"We can't solve the problem of eagle mortality at wind farms overnight," Ashe said in a statement. "But this commonsense solution merits the support of all who advocate for the long-term conservation of eagles."

Under President Barack Obama, wind energy has exploded as a pollution-free energy source that can help reduce the greenhouse gases blamed for global warming.

Image: A golden eagle
A golden eagle is shown in this undated, handout photo provided by the U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife Service said June 26, 2014 that a California wind farm will become the first in the U.S. to avoid prosecution if eagles are injured or die when they run into the giant turning blades. The Shiloh IV Wind Project LLC in California will receive a special permit allowing up to five golden eagles to be accidentally killed, harmed or disturbed over five years.US Fish and Wildlife Service via AP

Michael Hutchins of the American Bird Conservancy said he believes the five-year permit for the California wind farm is reasonable, but he said the rapid expansion of wind energy has gotten ahead of the science and regulation to protect all types of birds and raptors. Too often, he said, wind farms are built in migratory patterns, near wetlands or over rodent populations.

Birds on the hunt can become distracted by what's on the ground and fly into the rotors, Hutchins said.

"Is it really green energy if it's going to kill hundreds of thousands of birds or bats each year?" he said. "The whole system needs a much harder look."

— The Associated Press