The Ivanampah solar plant is killing thousands of birds with impunity

SAN BERNARDINO, Calif. – Regulators are allowing an Obama-era “clean energy” solar plant to continue operating as its emitted solar radiation kills thousands of birds each year, with no fines or enforcement action taken since it opened, a Fox News Digital investigation has found.

The Ivanampah Solar Power Plant, a taxpayer-funded facility in the Mojave Desert near the California-Nevada border, remains in compliance with existing regulations, even as birds are burned, injured or killed after flying into the solar beams on the plant’s three central towers.

Regulators were aware of those risks before approving the project as part of a broader push to expand renewable energy. Today, it remains compliant, meaning that wildlife deaths recorded at the site fall within the limits set under its environmental accreditation. That framework allows the facility to continue operating as thousands of birds are killed each year.

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“Employees are not aware of any legal enforcement actions or fines issued by the US Fish and Wildlife Service or the California Department of Fish and Wildlife related to the death of birds or wildlife at the Ivampah Solar Electric Generating System,” the California Energy Commission, which oversees major electric projects in the state, told Fox News Digital.

The commission also said it is not aware of any special regulatory exemptions for renewable energy projects related to wildlife impacts. Instead, the project was approved as long as monitoring and mitigation requirements were met, meaning that some level of wildlife mortality was expected.

The futuristic facility, known for its three giant towers that glow brightly when lit, was approved during the Obama-push to rapidly expand renewable energy following the 2008 financial crisis — part of a broader effort to cut emissions and reduce reliance on fossil fuels in the name of climate change.

At the time, it was hailed as the future of “clean energy” technology, and the federal government provided a $539 million grant for construction, as well as a separate $1.6 billion loan.

But its technology was quickly outmoded by conventional solar panels that absorb sunlight directly and convert it into electricity, making Ivanampah’s power more expensive to produce. The facility also relies on natural gas to run each day – producing tens of thousands of metric tons of carbon dioxide annually.

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A composite photo shows a tower at the Ivanampah Solar Power Plant next to a bird that was found to have injuries related to excessive exposure to the sun, according to wildlife research. (Jeff Gritchen/MediaNews Group/Orange County Register via Getty Images; US Fish and Wildlife Service)

Researchers say the birds are drawn to the light towers, and then fly into the concentrated sunlight of the plant – known as solar flux – where they can be injured or killed. Researchers have dubbed this phenomenon “streamers,” and a video released by the US Geological Survey shows the bird following the smoke as its feathers ignite. Songbirds, pigeons, warblers and other migratory species have been found dead in this plant.

What regulators knew before approval

An environmental review examined by Fox News Digital shows that regulators knew before construction that the project could kill birds, either by burning the concentrated sunlight of the plant or conflicting with the tens of thousands of mirrors that surround the three towers as pools. They also expressed concern about the damage to the 4,000 acres of desert it would occupy, as well as protected species that roam the desert, such as the endangered desert tortoise, many of which were unknown when it began operations.

The plan’s Final Environmental Impact Statement warned that climate efforts could come “at the cost of reducing native biodiversity.”

Even with those warnings, regulators approved the project, allowing it to move forward on the basis that ongoing monitoring and mitigation requirements would be met, rather than requiring those risks to be addressed.

A 2016 congressional review raised similar concerns, finding no clear evidence that federal agencies followed through on penalties for bird deaths at Ivanpah — a pattern that appears to be continuing.

The peregrine falcon wing shows significant feather damage associated with exposure to concentrated sunlight, according to a US Fish and Wildlife Service study of the Ivanampah sunflower plant. (US Fish and Wildlife Service)

Burnt feathers from peregrine falcons show damage patterns linked to concentrated solar radiation at the Ivanampah solar plant, according to a federal study. (US Fish and Wildlife Service)

No fines, no law

The facility is regulated under a system that tracks wildlife deaths but does not result in fines or automatic closure.

Monitoring reports indicate hundreds of birds are found dead in the area each year, with some estimates putting the total in the thousands.

Enforcement responsibility is shared among multiple agencies, including the US Fish and Wildlife Service, the California Department of Fish and Wildlife and the Bureau of Land Management, each with jurisdiction over different aspects of the project, the CEC said.

The US Fish and Wildlife Service said it is reviewing monitoring data and providing technical input but has not indicated any enforcement action related to bird deaths in the area.

NRG Energy, which owns the facility, said in a previous statement that it remains committed to providing renewable electricity but declined to comment further on environmental issues.

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The Ivanampah Solar Power Facility operates in the Mojave Desert near the California-Nevada border, using thousands of mirrors to focus sunlight onto a central tower to generate electricity. (MediaNews Group/Orange County Register via Getty Images)

A program that allows injury

Rather than being treated as a standard environmental violation, the project is governed by a permit system that emphasizes monitoring and mitigation rather than penalties.

In practice, that means that harm can be documented without triggering enforcement action even though authorities have pursued fines for bird deaths in some industries.

Under federal law, violations involving protected migratory birds can carry fines of up to $15,000 per bird.

Such industrial prosecutions have become rare in the United States, however. In 2017, the Interior Department redefined the Migratory Bird Treaty Act to apply only to deliberate killings — not “accidental” deaths caused by industrial activity such as oil wells, power lines or wind turbines. Federal courts, including the Fifth Circuit, have since upheld that narrow reading, limiting the government’s ability to punish companies for machine-related bird deaths.

But even efforts to reduce harm – including prevention, lighting changes and operational improvements – have not eliminated the problem in Ivampah, with monitoring reports continuing to document wildlife deaths every year.

More than a decade later, Ivapah is showing what that system looks like in action: a project certified as clean energy that kills wildlife, relies on fossil fuels and continues to operate without penalties.

WATCH: Experts weigh in on Obama-era Ivapah’s future as regulators keep it open

This is part 3 of a series on California’s troubled Ivampah Solar Power Plant in the Mojave Desert.

Part 1 – Obama-backed green energy ‘boondoggle’ leaves taxpayers struggling

Part 2 – The Obama-era ‘clean energy’ solar industry still uses fossil fuels – and kills thousands of birds every year.