Dive Brief

• Duke Energy Renewables will pay $1 million to settle a lawsuit with the Department of Justice (DOJ) for golden eagle and other migratory bird deaths at two Wyoming wind farms.
• The DOJ brought misdemeanor charges against Duke under the Migratory Bird Treaty Act for 14 golden eagle deaths in the last three years. The case is the first ever against a wind farm under the bird act.
• Duke will stop the wind turbines at the facilities when the threat to migratory birds is high under the settlement.

Dive Insight

The steps Duke is taking are a first for the wind industry. They include installing radar that was developed from technology used in Afghanistan to monitor incoming missiles. In this case, the radar will be used to spot eagles. Duke will also use field biologists, who can order turbines to be temporarily shut down when they see an eagle in the area.

Bird and bat deaths have long been a concern of wind developers and environmental groups. In the plea agreement, Duke said that it built the two wind projects in a way it knew would likely result in bird deaths.

Expect more prosecutions under the bird act. The Fish and Wildlife Service is investigating 18 bird-death cases involving wind-power facilities, and about a half-dozen have been referred to the Justice Department.