If you build a windmill you're fine. But if kills a bald eagle, you've just violated the protected species act and you can be prosecuted. Windmills kill birds because they fly into the blades.
"Eric Davis, the service's assistant regional director for migratory birds and state programs, said investigations of bird deaths have been initiated and turned over to the Department of Justice, but there have yet to be any prosecutions under the federal Bald and Golden Eagle Protection Act.
"There is no law out there that says this project requires a take permit, (but) eagles are protected," Davis said. "If they did not receive a permit, they could build the project and they would be in compliance with the Bald and Golden Eagle Protection Act until the first eagle was taken. Then they would be subject to enforcement action.""
http://www.sfgate.com/science/article/Windmill-farm-seeks-permit-to-kill-eagles-4847110.php
