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Yesterday, on National Bird Day, the Trump administration gutted protections for migratory birds. The final rule weakens enforcement of the 1918 Migratory Bird Treaty Act (MBTA) so that companies will not be penalized for accidentally or incidentally harming or killing birds, such as through oil spills, toxic waste, or other environmental hazards. The decision is a major farewell favor to the fossil fuel industry, which has long pushed for the change.
The U.S. Fish and Wildlife Service (FWS) has acknowledged that the rule change would have a negative impact on species protected by the MBTA, and former federal officials and scientists have said that billions of additional birds are likely to die as a result. The FWS environmental impact statement was clear that following a change in the rule, "Fewer entities would likely implement best practices...resulting in increased bird mortality."
Interior has previously considered actions that directly and foreseeably resulted in death of a migratory bird as potential criminal conduct, even if unintentional. Accidental bird deaths have rarely been prosecuted under the law, although with notable exceptions. Following the Deepwater Horizon oil spill in 2010 the MBTA caused over $100 million in fines to be assessed, which were used to protect or restore wetland habitat for migratory birds.
The final rule is set to be officially released tomorrow. It is likely that Biden's nominee for Interior Secretary, Deb Haaland, would overturn the rule, making her rapid Senate confirmation even more urgent.
Trump administration to auction off leases in Arctic National Wildlife Refuge
Today the Trump administration will move forward with auctioning off parts of the Arctic National Wildlife Refuge to oil and gas companies. The area to be leased is critical habitat for polar bears, a species under threat from the rapidly warming Arctic. The lease sale comes after a federal judge denied a request to block the Trump administration from issuing the leases. Many have already called on President-elect Biden to halt any and all oil leasing and development in the refuge following his inauguration.
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Secretary Bernhardt’s former oil industry clients have explicitly asked for this policy change, and now he is delivering, just days before returning to the private sector. By finalizing this proposal, the Trump administration is signing the death warrants of millions of birds across the country.”
