Windmills Are Killing Our Birds

A Wall St. Journal story dated September 7, 2009, is about a subject of which I was completely unaware.  It describes the double standard with respect to the enforcement of a federal law called the Migratory Bird Treaty Act.  The law makes it illegal to kill certain protected birds.  Apparently the U.S. government cares more about who is doing the killing rather than if any birds are killed.

The reporter claims there is “One standard for oil companies, another for green energy sources.”  Consider the following two examples of enforcement of the law against “big” energy offenders:

On Aug. 13, ExxonMobil pleaded guilty in federal court to killing 85 birds that had come into contact with crude oil or other pollutants in uncovered tanks or waste-water facilities on its properties. . . . The company agreed to pay $600,000 in fines and fees.

In July . . .  the Oregon-based electric utility PacifiCorp paid $1.4 million in fines and restitution for killing 232 eagles in Wyoming over the past two years. The birds were electrocuted by poorly-designed power lines.

There is one well-known green energy source that gets a free pass even though it kills tens of thousands of protected birds every year.  Despite studies and evidence that windmills and birds do not mix, the Department of Justice has not gone after any windmill owners for violating the Migratory Bird Treaty Act.

A July 2008 study of the wind farm at Altamont Pass, Calif., estimated that its turbines kill an average of 80 golden eagles per year. The study, funded by the Alameda County Community Development Agency, also estimated that about 10,000 birds—nearly all protected by the migratory bird act—are being whacked every year at Altamont.

Another example of justice being blind, i.e., deaf, dumb and blind.

Perils of Running a Business From Home

Many people who have lost their jobs during the current recession have started a home-based business.  A US News & World Report article describes “How the IRS and local governments can make life difficult for home-based entrepreneurs.”

Whoa Nelly! Bernie Madoff Gets Tax Refund

PalmBeachPost.com:  On June 5, 2009, Palm Beach County wrote Bernie & Ruth Madoff a $13,800 check to refund real estate taxes they overpaid on their Palm Beach mansion.  The Palm Beach County appraiser “agreed to drop his 2008 assessment of the five-bedroom, seven-bathroom house’s worth from $9.4 million to $8.5 million, chopping about 9 percent off her $151,000 tax bill.”

Junk Faxer to Pay $2.9 Million

There is a federal law called the Telephone Consumer Protection Act of 1991 that prohibits sending commercial faxes to somebody with whom the sender does not have a relationship with or permission to send the fax.  The penalty is $500/fax or $1,500/fax if the fax was sent intentionally.  Law.com‘s story entitled “In $2.9 Million ‘Blast Fax’ Settlement, Plaintiffs Get Coupons and Lawyers Get Cash” says

Business service and supply giant Pitney Bowes has agreed to settle a “blast fax” class action by giving $26 coupons to plaintiffs for each week they received an unwanted fax — and $950,000 to the lawyers for the class.

As usual with class action lawsuits, the lawyers get rich and the members of the class get something that isn’t worth the time it takes to fill out the claim form.

See my articles and information on this topic at “Junk Fax Law – the Telephone Consumer Protection Act of 1991.”  See also the Arizona junk fax class action ESI Ergonomic Solutions, L.L.C., v. United Artists Theatre Circuit, Inc., & American Blast Fax, Inc., filed by my neighbor Chris LaVoy.

What Inspired Me to Go to Law School Video Winner

A nonprofit graduate loan company called The Access Group sponsored a video contest for law students with a prize of $10,000 for the student who made the best video on the topic “What Inspired Me to Go to Law School.”  Celebrity judges viewed 113 entries and picked Branigan Robertson’s (Chapman law school) video as the winner.

The winners of $1,500 law school scholarships were

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