“Mortality is accelerating”: in Hérault, wind turbines that “kill” birds attacked in court

Une partie des éoliennes mise en cause dans la mortalité d'espèces protégées. Midi Libre – Jérôme Mouillot

Au tribunal judiciaire de Montpellier, l’association France-Nature Environnement s’oppose à EDF Renouvelable qui gère cinq parcs à l’origine de nombreux dégâts sur la biodiversité avifaune dans l'Hérault, notamment les faucons crécerellettes.

How to reconcile the development of renewable energies, in this case land-based wind turbines, designed to combat global warming, and the protection of threatened biodiversity, in particular the fragile and rare lesser kestrels ?

These two environmental logics sometimes oppose each other, as in the trial that took place this Monday before the Montpellier judicial court.

At issue are five wind farms installed on the Causse d’Aumelas and the Mourre mountain, in Hérault, or around thirty steel giants that shine on the towns of Montbazin, Poussan and Villeveyrac.

EDF Renouvelable, and its nine companies sued for “destruction of protected species”, installed them in 2011-2012, on a Natura 2000 site, five years before an environmental permit was now required by the State for such installations. It was France-Nature environnement (FNE) that decided to attack, directly seizing the jurisdiction.

The reason? Systematic mortality of birds crushed by the blades of wind turbines, in particular protected species such as bats, the hen harrier and, above all, the almost unique lesser kestrels. Several hundred specimens have been killed.

“They are present in the Bouches-du-Rhône and our beautiful region”, recalls the president.

“This park is causing considerable harm to these species, it is detrimental to biodiversity and mortality is accelerating”, denounces Me Alice Terrasse, in the interests of FNE. The association, to shed light on the debates, quoted a biostatist from the CRNS in Montpellier, author of a scientific study on the impact of wind turbines.

He is affirmative: “5% of the Hérault population of lesser kestrels are killed each year, the population is 50% lower than it should be.” With only 700 living individuals, the species is at risk of extinction.

“Permit to kill under conditions”

While the Environmental Code establishes the principle of species protection, it also allows for the possibility of an exemption, “a license to kill under certain conditions”, translates the court.

“The average citizen wonders why you don't make this request for an exemption?”, asks the president.

“If we don't get it, it's illegal exploitation”, the lawyer for the nine companies finally blurted out. Translation: the wind turbines should be dismantled.

The defense recalls that it has set up detection and scare systems to prevent losses. Above all, EDF renewable points out that the prefect does not force them to request an exemption, which FNE wants to obtain before the Council of State.

Heavy fine and one-year shutdown of activity required

The public prosecutor, citing a very recent report of administrative failure of these parks, reporting “331 bird corpses for 41 species including 35 protected, in 2023-2024 and malfunctions on all the wind turbines”, compared the association's fight to David against Goliath.

And requested a fine of €750,000, including €500 0000 € suspended sentence against the 9 companies, with a one-year cessation of activity and a ban on recourse to the public market, but also a six-month suspended prison sentence against the CEO of EDF Renewable. Decision on March 17, 2025.

I subscribe to read the rest