Exxon Mobil pleaded guilty this week to killing 85 ducks, hawks, owls, ibis and other migratory birds in Colorado and five other states in open- waste pits resulting from oil-and-gas production.
The penalty Exxon incurred for its crimes under a plea agreement with the U.S. Department of Justice includes paying $400,000 in fines and $200,000 in community service payments, and making changes to prevent more bird deaths.
Exxon Mobil’s annual profits top $45 billion.
Justice Department officials who on Thursday announced the plea deal — on five criminal misdemeanor counts — said companies must prevent birds from landing in harmful waste to comply with the 1918 Migratory Bird Treaty Act.
“If companies create situations that result in (birds’) death, they should expect that we will prosecute those cases,” said John Cruden, assistant attorney general for the environment and natural resources.
The plea agreement, filed Tuesday in Denver federal court, follows a five-year U.S. Fish and Wildlife investigation, starting in western Colorado, eventually covering Kansas, Oklahoma, Texas and Wyoming.
Exxon told the court in Denver it has spent more than $2.5 million making a required compliance plan to prevent bird deaths. Methods include scrubbing contaminants out of waste, floating plastic “bird balls” that block birds from landing, and using radar-activated noises that scare off birds.
Fines are to be paid to the North American Wetlands Conservation Fund, with community service money directed to a nonprofit waterfowl rehabilitation foundation in Colorado and the National Fish and Wildlife Foundation.
“Exxon Mobil has extensive operations across the U.S. with bird populations in the millions. Our upstream operations have reported events involving fewer than 100 birds over the past six years,” Exxon spokeswoman Margaret Ross said in a statement.
Bruce Finley: 303-954-1700 or bfinley@denverpost.com
