Matt Simmons, EPIC Staff Attorney
For the past two years, PG&E has been trying to cut down a bald eagle nest tree located in Potter Valley, California. The tree is dying and PG&E feels that it is a hazard to its power lines. The U.S. Fish and Wildlife Service (USFWS) granted them a permit to cut down the tree on January 5 of this year. Eagle protectors responded by blocking the road to the tree. After a multi-day standoff between eagle protectors and contractors employed by PG&E, the USFWS and PG&E jointly announced that the tree removal permit had been placed on hold for this nesting season.
The permit was specifically for a nest tree that wasn’t “in-use”. An “in-use” tree is defined by USFWS regulations as a tree that has had eagles on the nest anytime in the previous 10 days after January 15, the official start of the bald eagle nesting season. The eagles returned to the nest on at least January 9 this year, so once January 15 rolled around the nest tree became officially “in-use” and was no longer covered under PG&E’s now invalid permit.
Bald eagles are an important apex predator that were only recently removed from the endangered species list. In addition, they hold deep cultural significance to Indigenous Peoples and Native Nations, including the Northern Pomo. The Coyote Valley Band of Pomo Indians requested government-to-government consultation with USFWS and demanded that the Potter Valley nest tree not be cut down on January 11.
“I’m glad the eagle protectors kept the chainsaws away long enough for the eagles to return to their nest,” said Michael Hunter, chairman of the Coyote Valley Band of Pomo Indians. “They’ve given us enough time to find a solution to this problem that works for everyone.”
After a conversation with representatives of environmentalists and the Coyote Valley Band of Pomo Indians, PG&E declared that its “preferred solution” is now to bury (or “underground”) the lines. Doing so will allow power to continue to flow to residents without endangering the eagles or their nest. This has long been the preference of the property owners and environmental activists.
“The bald eagles are currently rebuilding their nest, moving in new branches and soft moss. We are thrilled that they have been given a stay of their eviction and hope to see young eagles leave the nest come August,” said Tom Wheeler, executive director of the Environmental Protection Information Center. “This outcome was only possible because thousands of people took action in the eagles’ defense.”