A Florida-based wind and energy company has been sentenced to probation and ordered to pay over $8 million in restitution and fines for the death of at least 150 Eagles over the past decade.

ESI Energy, a subsidiary of NextEra Energy Resources LLC, has pleaded guilty to three violations of the Migratory Bird Treaty Act. Due to these violations, the company's wind and energy farms in eight states resulted in the death of countless birds including Golden and Bald Eagles. According to prosecuting officials, the birds would unknowingly fly into the wind turbines at these energy farms, but the company did little to mitigate the deaths.

Under federal law, it is illegal to kill or harm an eagle. And while some eagles such as the Golden Eagle are under protection because of their endangered status, other species including the nation's Bald Eagle have slowly climbed out of the endangered territory. Despite this, it remains a crime to unintentionally or intentionally kill eagles.

Unintentional bird deaths are not uncommon, especially in the wind, solar, and energy industry. Companies who take added measures and seek necessary permits can often avoid prosecution if they do unintentionally kill birds. In this case, however, a spokesman for NextEra shared that the company did not think that the law required such permits for unintentional birth deaths.

Prosecutors detail that before NextEra built its wind farms in New Mexico and Wyoming, they were warned by federal wildlife officials that the farm would result in unintentional bird deaths. Despite this, the company proceeded without caution or heeding the advice of federal wildlife officials to minimize the deaths.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division shared, “For more than a decade, ESI has violated those laws, taking eagles without obtaining or even seeking the necessary permit. We are pleased to see ESI now commit to seeking such permits and ultimately ceasing such violations.”

As a result of the agreement, ESI agreed to spend up to $27 million over the next five years to put in place measures that will help to prevent future deaths of endangered eagles and other birds. Among these measures would be shutting down the wind turbines during periods where it is known that there is a large presence of eagles.

Wildlife officials have detailed that even with these measures in place, it is expected that eagle deaths may still occur. In cases when an eagle does die due to the company's operations, ESI has agreed to pay a fine of $29,623 per eagle.

In a statement from NextEra president Rebecca Kujawa, the company agrees to the terms but vocalizes its dissatisfaction with criminalizing unavoidable accidents that result in the death of birds. In the statement, Kujawa shared, "We disagree with the government's underlying enforcement activity. Building any structure, driving any vehicle, or flying any airplane carries with it a possibility that accidental eagle and other bird collisions may occur."