US looks to restore bird protection rule
BILLINGS, Mont. – Longstanding protections for wild birds would be restored under a proposal unveiled Thursday to bring back prosecutions of avian deaths by industry that were ended under former President Donald Trump.
The Interior Department announcement came as President Joe Biden has sought to dismantle a Trump policy that ended criminal enforcement against companies over bird deaths that could have been prevented.
Hundreds of millions of birds die annually in collisions with electrical lines and wind turbines, after landing in oil pits and from other industrial causes, according to government officials and researchers.
The Biden administration in March issued a legal opinion citing court rulings that said the 102-year-old Migratory Bird Treaty Act was “unambiguous” that killing protected birds was unlawful ”at any time or in any manner.”
The proposal would cancel a rule enacted in Trump’s final days in office that blocked prosecutions of unintentional bird deaths.
Interior officials said they will take public comment through June 7 before making a final decision.
Authorities will not be able to enforce the bird treaty in cases of accidental bird deaths until the rule is formally revoked, U.S. Fish and Wildlife Service spokesperson Vanessa Kauffman said.
The prohibition against accidental bird deaths was used most notably in a $100 million settlement by energy company BP, after government investigators concluded the 2010 Gulf of Mexico oil spill killed about 100,000 birds.
Thursday’s action was hailed by environmental groups that warned more birds would die under the Trump rule.
The Independent Petroleum Association of America, which represents oil and natural gas producers, condemned the proposed rule cancellation and said it would cause financial harm to companies that kill birds accidentally.
“This is not a case of punishing ‘bad actors,’ but rather a situation where companies are set up for failure,” said Mallori Miller, vice president for government relations at the association.