United States of America v. ESI Energy, LLC

Cheyenne, Wyoming criminal defense lawyers represented Defendant charged with violating 16 U.S.C. §§703, 707(a), bu Taking, killing, or possessing migratory birds unlawfully.



ESI Energy, LLC was accused of causing the deaths of 150 eagles at its wind farms in eight states.



§703. Taking, killing, or possessing migratory birds unlawful



Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or eggs of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972 1 and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.



§707. Violations and penalties; forfeitures



(a) Except as otherwise provided in this section, any person, association, partnership, or corporation who shall violate any provisions of said conventions or of this subchapter, or who shall violate or fail to comply with any regulation made pursuant to this subchapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $15,000 or be imprisoned not more than six months, or both.



(b) Whoever, in violation of this subchapter, shall knowingly—



(1) take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or



(2) sell, offer for sale, barter or offer to barter, any migratory bird shall be guilty of a felony and shall be fined not more than $2,000 or imprisoned not more than two years, or both.



(c) Whoever violates section 704(b)(2) of this title shall be fined under title 18, imprisoned not more than 1 year, or both.



(d) All guns, traps, nets and other equipment, vessels, vehicles, and other means of transportation used by any person when engaged in pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or attempting to take, capture, or kill any migratory bird in violation of this subchapter with the intent to offer for sale, or sell, or offer for barter, or barter such bird in violation of this subchapter shall be forfeited to the United States and may be seized and held pending the prosecution of any person arrested for violating this subchapter and upon conviction for such violation, such forfeiture shall be adjudicated as a penalty in addition to any other provided for violation of this subchapter. Such forfeited property shall be disposed of and accounted for by, and under the authority of, the Secretary of the Interior.

04/05/2022 12 Minute Entry: Initial Appearance as to ESI Energy LLC held on 4/5/2022. Minute Entry: Arraignment as to ESI Energy LLC (1) Count 1-3 held on 4/5/2022. Defendant pled guilty. Proceedings held before Honorable Kelly H Rankin. (Court Reporter Jan Davis.) (Court Staff, smxb) (Entered: 04/06/2022)

04/05/2022 13 Minute Entry: Sentencing held on 4/5/2022 for ESI Energy LLC (1), Count(s) 1-3. 60 months unsupervised probation; $1,861,600.00 Fine, $150.00 Special Assessment, 6,210,991.00 Restitution. Proceedings held before Honorable Kelly H Rankin. (Court Reporter Jan Davis.) (Court Staff, smxb) (Main Document 13 replaced on 4/6/2022) (Court Staff, smxb). (Main Document 13 replaced on 4/6/2022) (Court Staff, smxb). (Entered: 04/06/2022)