According to the Audubon Center for Birds of Prey, “These laws prohibit the un-permitted take of eagles or their nest, or any work near eagles or their nest that would cause damage to the nest or disturb eagles enough to cause nest abandonment or loss of eggs or young. Take or disturbance permits may be issued by the U.S. Fish and Wildlife Service.”

They go on to say, “Human activities that cause disturbance to eagles or their nest or lead to injury, a decrease in productivity, or nest abandonment are a violation of the federal Bald and Golden Eagle Protection Act.”

Gotion spokesperson says it’s a squirrel’s nest.

A spokesperson for Gotion, however, when contacted on Monday, after the original photos had been posted on the internet, said that the photos do not show a nest for eagles. John Whetstone, who is managing communications for Gotion, told us that the nest is a squirrel’s nest.

Whetstone said, “Regarding the so-called eagle’s nest narrative, the nest depicted in the photos is in fact a squirrel’s nest. It’s another example of the type of misinformation and smears peddled by those who vehemently oppose the Gotion facility. The individual who took the photos also was trespassing. The trespassing issue has been addressed by Gotion.”

When pressed how it was determined to be a squirrel’s nest, Whetstone said, “The nest is much too small to be an eagle’s nest, and eagles tend to build their nests immediately adjacent to water sources such as lakes, rivers and coastlines.”

When asked what this evaluation was based on, Whetstone said, “It’s based on assessment, along with other people who have since debunked the claim on social media. The nest in the photos looks to be made out of forest litter. An eagle’s nest is made out of large branches and is much larger. Just by claiming it’s an eagle’s nest doesn’t make it so. If I could ask, what are people saying when you ask them how they determined that it’s an eagle’s nest?”

Lowry admits he was charged with trespassing but wasn’t arrested. He said, “I trespassed. I did not want to do this but I had to because they’re cutting trees right there. And they aren’t supposed to be but no one in the state gives a damn. The DNR does nothing, EGLE does nothing, EPA does nothing…I don’t care. I gotta make a difference”

Other experts chime in.

Because speculation about what kind of nest is on the Gotion property has been going on for the past few days, we reached out to different experts to show them the photos that were taken. The assessments of these experts were based on the original photos uploaded to social media, not the drone video.

We talked to a source in Traverse City who is a Senior Environmental Scientist and we showed the photos of the nest to him. His response? He said, “I’m no expert; but it does not look like a squirrel nest.”

We also reached out to the tree removal company to inquire what they know about the nest but they didn’t respond to our request for comment. They also weren’t mentioned as Whetstone’s source for his assessment of the nest.

Another source with an Audubon Society in Michigan thinks the nest appears too small to be an eagle’s nest. He said, “Maybe another hawk but often squirrels use old hawk nests for their nest with extra leaves added. But for a pine this small, it doesn’t seem big enough for a bald eagle. If someone had a picture with an eagle there, it would be better proof. Hard to be totally definitive with just these pictures.”

We also checked in with a raptor biologist who said, “Difficult to judge the size of the nest or the size/ diameter of the sticks which make up the nest, but it could be a raptor nest. The specific raptor would depend on several things like the thickness of the sticks, nest width and depth, and of course raptors can switch nests. Eagles should be incubating right now, so if there is not an eagle in, or very near to the nest, it’s not likely to be an eagle nest. No way to know for sure unless you see a raptor in a nest. And, finally, squirrels can use abandoned raptor nests, so it could also be a squirrel nest.”

State rep. calls congressman to get to the bottom of the issue.

State Rep. Tom Kunse (R-Clare) was on the Steve Gruber Show on Tuesday and mentioned that he has received photos of eagles in a nest. He added, “Of course, I wasn’t there, I don’t know if this was the eagle in that nest, but you’d think that the U.S. Fish and Wildlife would be there yesterday morning.”

Kunse expressed frustration over the agency’s unresponsiveness to calls, which led him to reach out to Congressman John Moolenaar (MI-02) on Sunday. Moolenaar then contacted the U.S. Fish and Wildlife Service, emphasizing the need for their intervention to identify the nest’s occupants.

Kunse said that if it were an “average Joe” the DEQ (now EGLE – Michigan Department of Environment, Great Lakes, and Energy) and the Sheriff’s Department would have been there in a heartbeat. He said it’s disconcerting that Gotion is getting special treatment, adding “It just looks bad.”

Environmental watch group says Gotion has done no work to assess wildlife on property.

Marjorie Steele of the Economic Development Responsibility Alliance of Michigan (EDRA) says that neither Gotion nor EGLE have done any work to assess the wildlife in the area – not even an environmental assessment (EA). She points out that the only studies done were the Barr Engineering report which found 60 acres of 303 protected wetlands which EGLE confirmed.

She went on to say, “There have been multiple sightings by community members of blue herons, bald eagles, and Karner blue butterflies, among many other more standard wildlife, on or near the property. I myself have seen wild turkeys, porcupines, deer, bald eagles flying overhead, and evidence of bobcat and black bear.”

Eagles seen in area.

Community member Lakota Suix says on the “No Gotion” Facebook page, “Everyone knows the Eagles nest back there and they use the trout streams for food. Everyone knows that we have lots of Eagles in Paris, Michigan whether used or not there’s all kinds of evidence of wildlife that thrives back there…I worked on that property and I saw eagles on the back porch.”

According to Jonathan Schechter, a naturalist, eagle watcher and nature education writer for Oakland County Government, “The population of bald eagles throughout the United States bottomed out in the 1940s, with the exception of Alaska which maintained a healthy population. Hunting, habitat loss and the use of DDT, a popular insecticidal agent used on crops were responsible for their decline. Runoff into our waterways polluted our rivers and lakes and bald eagles, as well as other fishing birds ingested the DDT through the fish they ate. The result was paper-thin egg shells which readily broke.”

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He went on to say, “Populations dipped and by 1961, the population of bald eagles in Michigan was reduced to 52 breeding pairs, 417 pairs across the lower 48 states…The bald eagle was listed as endangered in 1978.”

Eagles make a comeback thanks to federal protections.

Schechter continued, “The population rebounded through the banning of DDT (1969 in Michigan) and conservation programs. In 2023, it was estimated that the state of Michigan has approximately 900 breeding pairs.”

As for cutting trees around a nest, Schecter points out that human approach to a nest is “behavior that would be disruptive and detrimental to the eagles and their nesting success.”

Where is the due diligence and permitting?

Michigan GOP Chair Pete Hoekstra, an opponent of the Gotion megasite due to its China ties, was on the Steve Gruber Show on Monday discussing the matter and said Gotion is working without permits and they are “cutting trees, they’re backfilling into wetlands, there’s not been an environmental analysis…Gotion has no permits but they’re going ahead and doing this…”

Steele of EDRA had sent a letter to the Regional Administrator of the Environmental Protection Agency (EPA) in January before the logging began, asking them to perform their “legal due diligence” and enforce federal oversight on the Gotion project as it has the potential to affect endangered or threatened species in the area.