Eagles And Mockingbirds Catch A Break As Judge Strikes Down Trump Bird Opinion

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An American bald eagle flies over Mill Pond on July 29, 2018 in Centerport, New York. The bald eagle is one of the birds protected by the Migratory Bird Treaty Act.

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Caproni was clear in her ruling, striking down the administration’s interpretation of «takings and «killings of birds as applicable only if the animals are targeted specifically.

«There is nothing in the text of the MBTA that suggests that in order to fall within its prohibition, activity must be directed specifically at birds, Caproni said. «Nor does the statute prohibit only intentionally killing migratory birds. And it certainly does not say that only «some kills are prohibited.

In 2018, the National Audubon Society and other conservation groups, along with eight states, filed lawsuits against the Trump Administration’s legal opinion, which the court joined into one.

«This is a huge victory for birds and it comes at a critical time, Sarah Greenberger, interim chief conservation officer for the National Audubon Society said in a press release. «Science tells us that we’ve lost 3 billion birds in less than a human lifetime and that two-thirds of North American birds are at risk of extinction due to climate change.

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According to the U.S. Fish and Wildlife Service, tens of millions of birds every year are killed by human-caused threats, involving flying into communication towers and wind turbines as well as oil spills.

Environmental groups assert that if the Trump administration’s legal opinion had been in place in 2010 when BP caused the Deepwater Horizon oil spill, BP would have faced no consequences under the MBTA for the one million birds killed.

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«For decades this law has been a proven incentive to remind companies to do the right thing for wildlife, Greenberger said.

Spokesperson Conner Swanson defended the administration rule change to the Washington Post on Tuesday.

«Today’s opinion undermines a common sense interpretation of the law and runs contrary to recent efforts, shared across the political spectrum, to decriminalize unintentional conduct, he wrote in an email to the Post.

The Department of the Interior did not respond to NPR’s request for comment in time for publication.

Critics of the century-old MBTA, like energy companies, have opposed the law as too broad, according to Reuters.

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The Migratory Bird Treaty Act was enacted in 1918. Today, any violation of the MBTA is a misdemeanor punishable by a fine of up to $15,000 and imprisonment for up to six months. The U.S. Fish and Wildlife service keeps a list of birds protected by the law, including eagles, owls, mockingbirds and vultures.