FOR IMMEDIATE RELEASE                                                                 ENRD
FRIDAY, NOVEMBER 22, 2013                                                          (202) 514-2007
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          WASHINGTON Duke Energy Renewables Inc., a subsidiary of Duke Energy Corp., based in Charlotte, N.C., pleaded guilty in U.S. District Court in Wyoming today to violating the federal Migratory Bird Treaty Act (MBTA) in connection with the deaths of protected birds, including golden eagles, at two of the companys wind projects in Wyoming.  This case represents the first ever criminal enforcement of the Migratory Bird Treaty Act for unpermitted avian takings at wind projects.
          Under a plea agreement with the government, the company was sentenced to pay fines, restitution and community service totaling $1 million and was placed on probation for five years, during which it must implement an environmental compliance plan aimed at preventing bird deaths at the companys four commercial wind projects in the state.  The company is also required to apply for an Eagle Take Permit which, if granted, will provide a framework for minimizing and mitigating the deaths of golden eagles at the wind projects.
          The charges stem from the discovery of 14 golden eagles and 149 other protected birds, including hawks, blackbirds, larks, wrens and sparrows by the company at its Campbell Hill and Top of the World wind projects in Converse County between 2009 and 2013.  The two wind projects are comprised of 176 large wind turbines sited on private agricultural land.
          According to the charges and other information presented in court, Duke Energy Renewables Inc. failed to make all reasonable efforts to build the projects in a way that would avoid the risk of avian deaths by collision with turbine blades, despite prior warnings about this issue from the U.S. Fish and Wildlife Service (USFWS).  However, the company cooperated with the USFWS investigation and has already implemented measures aimed at minimizing avian deaths at the sites.
          This case represents the first criminal conviction under the Migratory Bird Treaty Act for unlawful avian takings at wind projects, said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths. To its credit, once the projects came on line and began causing avian deaths, Duke took steps to minimize the hazard, and with this plea agreement has committed to an extensive compliance plan to minimize bird deaths at its Wyoming facilities and to devote resources to eagle preservation and rehabilitation efforts.
          The Service works cooperatively with companies that make all reasonable efforts to avoid killing migratory birds during design, construction and operation of industrial facilities, said William Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service.  But we will continue to investigate and refer for prosecution cases in which companies – in any sector, including the wind industry – fail to comply with the laws that protect the publics wildlife resources.
          More than 1,000 species of birds, including bald and golden eagles, are protected under the Migratory Bird Treaty Act (MBTA).  The MBTA, enacted in 1918, implements this countrys commitments under avian protection treaties with Great Britain (for Canada), Mexico, Japan and Russia.  The MBTA provides a misdemeanor criminal sanction for the unpermitted taking of a listed species by any means and in any manner, regardless of fault.  The maximum penalty for an unpermitted corporate taking under the MBTA is $15,000 or twice the gross gain or loss resulting from the offense, and five years probation.
          According to papers filed with the court, commercial wind power projects can cause the deaths of federally protected birds in four primary ways: collision with wind turbines, collision with associated meteorological towers, collision with, or electrocution by, associated electrical power facilities, and nest abandonment or behavior avoidance from habitat modification.  Collision and electrocution risks from power lines (collisions and electrocutions) and guyed structures (collision) have been known to the utility and communication industries for decades, and specific methods of minimizing and avoiding the risks have been developed, in conjunction with the USFWS. The USFWS issued its first interim guidance about how wind project developers could avoid impacts to wildlife from wind turbines in 2003, and replaced these with a tiered approach outlined in the Land-Based Wind Energy Guidelines (2012 LBWEGs), developed with the wind industry starting in 2007 and released in final form by the USFWS on March 23, 2012.  The Service also released Eagle Conservation Plan Guidance in April 2013 and strongly recommends that companies planning or operating wind power facilities in areas where eagles occur work with the agency to implement that guidance completely.
          For wind projects, due diligence during the pre-construction stageas described in the 2003 Interim Guidelines and tiers I through III in the 2012 LBWEGsby surveying the wildlife present in the proposed project area, consulting with agency professionals, determining whether the risk to wildlife is too high to justify proceeding and, if not, carefully siting turbines so as to avoid and minimize the risk as much as possible, is critically important because, unlike electric distribution equipment and guyed towers, at the present time, no post-construction remedies, except curtailment (i.e., shut-down), have been developed that can render safe a wind turbine placed in a location of high avian collision risk.  Other experimental measures to reduce prey, detect and deter avian proximity to turbines are being tested.  In the western United States, golden eagles may be particularly susceptible to wind turbine blade collision by wind power facilities constructed in areas of high eagle use.
          The $400,000 fine imposed in the case will be directed to the federally-administered North American Wetlands Conservation Fund.  The company will also pay $100,000 in restitution to the State of Wyoming, and perform community service by making a $160,000 payment to the congressionally-chartered National Fish and Wildlife Foundation, designated for projects aimed at preserving golden eagles and increasing the understanding of ways to minimize and monitor interactions between eagles and commercial wind power facilities, as well as enhance eagle rehabilitation and conservation efforts in Wyoming.  Duke Energy Renewables is also required to contribute $340,000 to a conservation fund for the purchase of land, or conservation easements on land, in Wyoming containing high-use golden eagle habitat, which will be preserved and managed for the benefit of that species.  The company must implement a migratory bird compliance plan containing specific measures to avoid and minimize golden eagle and other avian wildlife mortalities at companys four commercial wind projects in Wyoming.
          According to papers filed with the court, Duke Energy Renewables will spend approximately $600,000 per year implementing the compliance plan.  Within 24 months, the company must also apply to the U.S. Fish and Wildlife Service for a Programmatic Eagle Take Permit at each of the two wind projects cited in the case.
          The case was investigated by Special Agents of the U.S. Fish and Wildlife Service and prosecuted by Senior Counsel Robert S. Anderson of the Justice Departments Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Jason Conder of the District of Wyoming.
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Judge orders limited use of wind turbines

Nov. 23, 2013 Republican American story: 
Judge orders limited use of wind turbines


BARNSTABLE, Mass. — The town of Falmouth was ordered by a judge on Friday to limit the hours two town­owned wind turbines operate after neighbors blamed them for health problems.

Effective immediately, the energy-generating turbines at the Cape Cod town’s waste­water treatment facility are only allowed to operate from 7 a.m. until 7 p.m. on every day of the week except Sun­day, and are not allowed to operate at all on Thanksgiv­ing Day, Christmas Day and New Year’s Day, Superior Court Judge Christopher Muse wrote in the decision.

Neil and Elizabeth Ander­sen, who live about a quarter of a mile from the turbines, said they caused “continuous insomnia, headaches, psycho­logical disturbances, dental injuries, and other forms of malaise” they had not suf­fered prior to the turbines’ construction.

“The court finds the Ander­sens claims that they did not experience such symptoms prior to the construction and operation of the turbines, and that that each day of opera­tion produces further injury, to be credible,” the judge wrote.

Continued operation of the turbines at previous levels put residents at risk of “irreparable physical and psychological harm,” the judge wrote.

The environmental group Wind Wise Massachusetts called it a landmark decision.

“This is believed to be the first time that a court in the U.S. has ruled that there is sufficient evidence that wind turbines near residential areas are a health hazard to families living nearby,” said Virginia Irvine, president of Wind Wise Massachusetts.

The decision has repercus­sions in other Massachusetts towns where wind turbines are being blamed for health problems, Neil Andersen said. “It’s torture,” he said of the turbines’ noise and pres­sure effects. “But this deci­sion is a victory. It gives us some relief.”

The 1.65 megawatt tur­bines were erected about 3½ years ago to power the treat­ment plant and to create rev­enue for the town by selling electricity back to the grid.

They ran 24/7 at first, but more recently have been run­ning from 5 a.m. until 9 p.m.

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Environmental group sues state for going easy on wind-power company that cut down trees in state forest

Read Article at:

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Maine Legislature’s energy docket set for full slate in 2014

Read article at: http://bangordailynews.com/2013/11/17/politics/maine-legislatures-energy-docket-set-for-full-slate-in-2014/

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Maine wind makes CT solar affordable

Gov. Dannel P. Malloy’s decision to finance a $1 billion wind farm in Maine will help Connecticut attain its renewable energy goals and support a solar farm development in Lisbon, with minimal impact on ratepayers, according to an administration source.

When the Public Utilities Regulatory Authority on Oct. 23 approved Malloy’s plan to fund a 250 megawatt wind farm in Maine and a 20 megawatt solar farm in Lisbon, the regulators noted the Maine deal didn’t have a specific benefit to Connecticut.

Read the Whole Article:  http://www.hartfordbusiness.com/article/20131111/PRINTEDITION/311089969/1020?utm_source=enews&utm_medium=Energy%2BNews&utm_campaign=Tuesday

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Technology that would shut down the machines when shadow flicker is detected

Read Article: http://www.patriotledger.com/topstories/x1069223819/Scituate-resident-seeks-state-regulations-on-turbine-shadow-flicker

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Regulators Approve Maine Wind Contract But Connecticut To Miss Some Benefits

See article at:  http://www.courant.com/business/hc-renewabale-energy-approval-20131024,0,2700919.story

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Public Health Disaster Rolling Across Massachusetts

See article at:  https://www.wind-watch.org/alerts/2013/10/23/public-health-disaster-rolling-across-massachusetts/

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GIANT Maine wind farm announced – by Connecticut!

Read Article >>

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Please take action THIS WEEK — email state legislators on the Regulations Review Committee before their Sept. 24 meeting and tell them to REJECT the draft industrial wind turbine regulations for Connecticut. See below for an easy tool that lets you email the entire committee at once. Our comments last December and again in May helped get the draft regulations rejected twice, but since the regulations have not changed substantially since then, we need to ask the committee to reject them once again!

The Connecticut Siting Council has authority over the siting of industrial wind turbines and all of Connecticut will be open for industrial wind development once state regulations are passed. There are now several projects proposed in the towns of Goshen, Ashford and Union, with more likely on the way! It is essential to get the regulations right. The (2012-054C) still need significant revisions to protect public health, safety, property rights and local control.

Here’s why the regulations need changes:

*No Local Control

Town commissions — planning and zoning, inland wetlands, conservation — and public health districts have no role.

*No Decommissioning Bond

Industrial wind projects have a life span of 15-25 years and deconstruction costs are estimated at $900,000 per turbine, more than their scrap value. Towns need protection from any costs of removal.

*Grossly Inadequate Setbacks 

Setbacks of 1.5 times the height for industrial turbines are inadequate protection for health, safety and property values in neighborhoods. Large turbines standing 492 feet tall disrupt nearby residents with noise and infrasound, disrupting sleep and causing health problems. In Massachusetts, hundreds of complaints have come from neighbors within 1 mile in Falmouth, Fairhaven, Florida, Monroe, Kingston and Scituate.

*Unlimited Waiver Provisions

The Siting Council wants to give itself the power to waive even its own regulations concerning setbacks, noise and shadow flicker, and we believe this was something the legislature never contemplated, let alone intended in the original enabling legislation (P.A. 11-245). Allowing the Council to have complete waiver authority over their own regulations sets a bad precedent and essentially renders the protections in the draft regulations meaningless. In Colebrook, the Council approved turbine blades 9 feet and 14 feet from property lines, and the placement of a turbine 150 feet from preserved land that is designated a National Natural Landmark, Beckley Bog.

Email your comments to the Regulations Review Committee TODAY – tell them you oppose the industrial wind turbine regulations as currently written.

This easy tool allows you to log-in online and email the entire Regulations Review Committee of the Connecticut General Assembly with just a few quick clicks!

1.  Go to: http://www.statehouseassociates.com

2.  Click on the “Client Bill Tracking” tab at the top

3.  At the login page, please enter the username “FairWindCT” and the password “turbine”

4.  Once logged in, mouse over the “Email” tab located at the top-left of the screen.  Then click on “Committee” from the drop down menu that appears.  Then select “Regulations Review Committee” and click “Done” at the bottom.

5.  Users will then be brought right into an email form that is automatically populated with the email address of every legislator on the Regulations Review Committee.  Users can then simply fill in their information and email as appropriate, and just click send when complete!  Make sure you include your own email address in the “from” field.

6.  In addition, users can find and email their own individual State Legislators.  Once again, mouse over the “Email” tab, then click on “My Representatives”, and then enter your zip code.  An email form will be brought up that is automatically populated with the email address of your individual State Senator and State Representative.  Again, you can simply fill in your comments and email them as appropriate.  Make sure you include your own email address in the “from” field.

If you have questions, please email info@fairwindct.com or call Joyce Hemingson at 860-379-6425. Click on the links at the end of this email for text of the public act and the proposed regulations.

Thank you,
Joyce Hemingson, President
PO Box 225, Colebrook CT 06021

The Council was required by PA 11-245 to develop wind regulations, and after previously being rejected twice, their revised proposed regulations  revised 09/03/2013 will once again be considered on by the State Legislature’s Regulations Review Committee on September 24th.


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