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Yesterday, the Biden administration finalized a rule reversing a Trump administration interpretation of the Migratory Bird Treaty Act (MBTA) that lowered penalties for killing birds. The Trump administration's previous interpretation eliminated legal penalties for commercial activities that unintentionally killed birds via activities like construction or oil drilling. As of 2017, industry was responsible for killing between 453,000 and 1.14 million birds annually, according to the U.S. Fish and Wildlife Service. Biden's rule reversal restored federal protections that had been in place for a century.
Previous analysis found that oil and gas companies derived the most benefit from the Trump rule: industry operations accounted for 90% of cases prosecuted under the law, with fines of $6,500 per violation, with two especially disastrous oil spills accounting for 97% of the fines.
The new rule came on the same day that the Fish and Wildlife Service declared 23 species officially extinct, part of a global biodiversity crisis that has only continued to get worse in recent years. “But this moment, as sobering as it is, can serve as a wake-up call. Our children and grandchildren will not know the Earth as we do unless we change the status quo,” said Interior Secretary Deb Haaland. The Biden administration has established a bold goal of protecting 30% of America by 2030 in order to help prevent the nature and climate crises; however, it has thus far taken little action towards reaching that goal.
In response to the new rule, Aaron Weiss of the Center for Western Priorities urged the Biden administration to halt extensive oil and gas lease sales planned for next month, saying, “It’s wonderful to move quickly to enforce the Migratory Bird Treaty Act. On the other hand, how many migratory birds are going to die from the effects of pollution when they are about to auction off the rights to a billion barrels of oil?”
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The recreation industry is a major economic driver and employer in New Mexico that continues to grow at a time when we need new jobs most. We need strong oil and gas rules to reduce both air and climate pollution so that future generations can continue to enjoy the hiking, biking, swimming, climbing, skiing, and rafting that make living here so special and unique."
