Trump administration eases rule against killing birds.
The Interior Department has quietly rolled back an Obama-era policy aimed at protecting migratory birds, stating in a solicitor’s opinion that it will no longer prosecute oil and gas, wind, and solar operators that accidentally kill birds.
The new interpretation of the Migratory Bird Treaty Act (MBTA), which was issued Friday, marks a win for energy interests that described the federal government’s previous position as overreaching. On Jan. 10, before President Trump’s inauguration, Interior had issued an opinion declaring that operators could face legal liability for the incidental deaths of birds ensnared by uncovered oil-waste pits or unmarked transmission lines. The law in question, enacted in 1918, makes it illegal to “pursue, hunt, take, [or] capture” migratory birds without a permit, and the dispute centers largely on how to interpret “take.”
In the new opinion, Interior’s principal deputy solicitor, Daniel Jorjani, wrote that applying the law “to incidental or accidental actions hangs the sword of Damocles over a host of otherwise lawful and productive actions, threatening up to six months in jail and a $15,000 fine for each and every bird injured or killed.”
Before joining the Trump administration, Jorjani worked as general counsel for Freedom Partners Chamber of Commerce, a project of the billionaire oil executives Charles G. and David H. Koch.
David O’Neill, chief conservation officer for the National Audubon Society, said in an interview Tuesday that the policy reversal could make it less likely that energy operators would invest in precautionary measures to prevent bird deaths. He said that the prospect of legal liability had fostered efforts such as developing bird-friendly guidelines for placing transmission lines.
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https://www.washingtonpost.com/politics/trump-administration-eases-rule-against-killing-birds/2017/12/26/1be9afe6-ea72-11e7-9f92-10a2203f6c8d_story.html?tid=sm_tw&utm_term=.ed5175ec200f
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