Exxon Mobil (NYSE: XOM) Pleads Guilty to Killing Migratory Birds

ExxonMobil Corporation (NYSE: XOM) submitted a guilty plea in the U.S. District Court in Denver for violating the federal Migratory Bird Treaty Act (MBTA) in five states during the past five years, the Justice Department recently announced.

The company has agreed to pay fines and community service payments totaling $600,000 and will implement an environmental compliance plan over the next three years aimed at preventing bird deaths on the company’s facilities in the affected states. According to papers filed in court, the company has already spent over $2.5 million to begin implementation of the plan.

The charges stem from the deaths of approximately 85 protected birds, including waterfowl, hawks and owls, at ExxonMobil drilling and production facilities in Colorado, Wyoming, Oklahoma, Texas and Kansas between 2004 and 2009. According to the charges and other information presented in court, most of the birds died after exposure to hydrocarbons in uncovered natural gas well reserve pits and waste water storage facilities at Exxon-Mobil sites in Colorado, Wyoming, Kansas, Oklahoma and Texas.

The company has entered into a plea agreement with the government, calling for guilty pleas to the five charges and a sentence of $400,000 in fines and $200,000 in community service payments. The fines will be deposited into the federally-administered North American Wetlands Conservation Fund. The community service payments will be made to a non-profit waterfowl rehabilitation foundation in Colorado and the congressionally-chartered National Fish and Wildlife Foundation, designated for waterfowl preservation work in each of the affected states. During a three-year probationary period, Exxon-Mobil must also implement an "environmental compliance plan" designed to keep birds from coming into contact with oily waters at its facilities in the five affected states.

"The environmental compliance plan that Exxon-Mobil has agreed to in this multi-district plea agreement is an important step in protecting migratory birds in these five states," said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.

"We are all responsible for protecting our wildlife, even the largest of corporations," said Colorado U.S. Attorney David M. Gaouette.  "An important part of this case is the implementation of an environmental compliance plan that will help prevent future migratory bird deaths."

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The cases were investigated by Special Agents of the U.S. Fish and Wildlife Service and are being prosecuted by Senior Trial Attorney Robert S. Anderson of the Justice Department’s Environmental Crimes Section and Assistant U.S. Attorney Michael Carey of the District of Colorado.

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