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Lawsuit filed over
Altamont Pass bird deaths
By Lisa
Fernandez Mercury
News
Hoping to stop the slaughter of thousands of birds that have been
killed in the whirring propellers along the Altamont Pass, the
Center for Biological Diversity filed a lawsuit Monday seeking to
make the windmill operators install new safety devices and finance
new wildlife habitat as compensation for the past kills.
The lawsuit, filed in Oakland, shines a light on an interesting
dilemma: The rolling, windswept hills and valleys along Interstate
580 through Alameda and Contra Costa counties are home to the
world's largest wind farm at the Altamont Pass, a visually striking
windmill forest that provides clean, alternative energy.
But the region also is home to one of the world's highest
concentrations of raptors -- golden eagles, red-tailed hawks,
American kestrels, falcons and owls. Biologists say about 1,000
birds are killed each year flying into the windmill blades as they
dive for ground prey or trying to perch on the structures.
Jeff Miller, spokesman for the San Francisco center that filed
the suit, said the deaths of these raptors during the past 20 years
are in ``flagrant criminal violation'' of state and federal wildlife
protection laws, as well as the state's unfair business code because
the operators have profited as companies while illegally killing
these birds, the suit states.
Coincidentally, the state's business code is the subject of
Proposition 64, which voters will decide whether they want to keep
or abolish at the polls today.
In the lawsuit, the Center for Biological Diversity recommends
that the companies install newer, state-of-the-art technology that
scientists say would cut the number of bird deaths by half, and fund
new wildlife habitat to compensate for past bird deaths.
The recommendation for better technology echoes the August
findings of a state-commissioned report by the California Energy
Commission. Some of the companies, however, said they found this
solution expensive: It costs about $1 million per megawatt to buy
the new turbines. Rick Koebbe, of PowerWorks, told the Mercury News
in August that would mean he would have to pay $95 million for the
95 megawatts his company generates.
This suit is similar, but larger in scope, to a federal lawsuit
Miller's center withdrew this summer. Miller decided to refile in
state court, hoping for a better chance of winning if the case is
picked up by Alameda County's highly regarded complex litigation
division.
This new lawsuit is expanded, naming all the Altamont Pass wind
power companies as defendants, instead of just two of the largest
ones. The defendants named include: FPL Energy, ESI Bay Area, GREP
Bay Area Holdings, Green Ridge Power, Altamont Power, Enxco, Seawest
Windpower, Windworks, Altamont Winds and Pacific Winds.
Reached in Florida, Steve Stengel, spokesman for FPL Energy, the
country's largest operator of wind turbines, said he had no comment
about the lawsuit because he had not seen it. The company Web site
touts itself as being one of the most financially sound energy
services companies in the country, committed to ``responsible
solutions'' and clean and renewable sources. Other companies
contacted Monday also were unavailable for immediate comment.
In a separate but related event, the Alameda County Board of
Supervisors is scheduled on Thursday at 9 a.m. to hear public
testimony at 1221 Oak St. in Oakland about whether 29 wind turbine
permits should be renewed. The Center for Biological Diversity, the
Golden Gate Audubon Society and Californians for Renewable Energy
have appealed these permits, alleging that the supervisors renewed
them without conducting the proper public environmental review.
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