Hey
rightwinger -- learn a bit...
http://www.biologicaldiversity.org/...amont_pass/pdfs/2-17-05-press-release-rrw.pdf
FOR IMMEDIATE RELEASE February 17, 2005
Oakland, CA – Judge Ronald Sabraw of the Alameda County Superior Court today ruled that the
Center for Biological Diversity (CBD) and its co-plaintiff Peter Galvin can go forward with their
lawsuit against wind power companies responsible for killing tens of thousands of eagles, hawks,
falcons, owls and other protected birds with wind power turbines in the Altamont Pass Wind Resource
Area (Altamont) in the San Francisco Bay Area of California. Judge Sabraw ruled that, although the
enactment of Proposition 64 in November 2004 applied retroactively to bar CBD and Mr. Galvin from
bringing suit on behalf of the general public, CBD and Mr. Galvin could continue to pursue their
claims against the wind power companies for destroying wildlife because they, like all other
Californians, have a property interest in the wildlife the wind power companies are destroying. The
Judge also invited Attorney General Bill Lockyer or the Alameda County District Attorney to join the
lawsuit to pursue these claims on behalf of the general public as well.
The lawsuit was filed in state court on November 1, 2004, seeking remedies for the killing of tens of
thousands of raptors in flagrant criminal violation of state and federal wildlife protection laws. Wind
turbines at Altamont have killed an estimated 880 to 1,330 golden eagles, hawks, owls and other
protected raptors each year for the past 20 years, in violation of numerous California Fish and Game
Code provisions as well as the federal Migratory Bird Treaty Act and the Bald Eagle and Golden Eagle
Protection Act.
HuffPost - Breaking News, U.S. and World News | HuffPost
CONVERSE COUNTY, Wyo. (AP) — 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.
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.