In the first Trump administration reprise, migratory birds are once again facing weakened protections under federal law.
Issues at hand: Should businesses be held liable for oil spills or waste pits if a bird is accidentally killed?
This answer is pongated back and forth under various interpretations of the Migration and Bird Convention Act, one of the nation's oldest environmental laws in recent years.
Now, as part of a drastic suspension of legal opinions made by the Home Office under President Joseph R. Biden Jr., the Trump administration is again prioritizing energy companies and other industries that don't want to be punished when birds die by chance for their actions.
“Essentially, this means that the Fish and Wildlife Department will not take enforcement action against the Private Party, which unintentionally kills migratory birds,” said Tara Zuard, a senior advocate at the Center for Biodiversity. “That's devastating.”
If the Trump administration's views were in place during the 2010 Deepwater Horizon oil spill, she said BP would have avoided the money spent on bird protection, about $100 million fines.
The oil and gas industry has long said it is committed to protecting migratory birds. “We look forward to working with the Department of the Interior to advance common sense policies that protect wildlife and support America's energy control,” said Scott Lauman, a spokesman for the American Petroleum Research Institute.
North American bird populations have fallen by almost 30% since 1970, with scientists blaming many factors such as habitat loss, climate change, predatory outdoor cats, window strikes and reduced insect populations. Though deaths from industrial activity have not been identified as a major factor, protectionists say the protection of the law helps maintain it that way.
All 20 legal opinions issued during the Biden administration have been suspended. In addition to migratory birds, they are linked to issues such as the dispute over mineral ownership in North Dakota and the federal government's ability to trust the land for its Alaskan tribes.
Home Affairs spokesman J. Elizabeth Peace said the suspension was temporary to allow for a comprehensive review. “This is a routine process that ensures coordination with President Donald J. Trump's policy priorities,” she wrote in a statement. “We'll provide more updates as the review progresses.”
But John Ressy, an advisor to the Interior Department during the Clinton administration, said he believes the range of movement is unprecedented. “I don't know of any new administrations that have done this before. So I simply advised us to decide not to follow the opinions of existing lawyers that were made in the previous administration without checking us first,” he said. “I believe they are encouraged by the Supreme Court's view of wiping out the presidential forces.”
What's not new is sparring around the laws of migratory birds, established in 1918 and has a broad meaning in both commercial activities and the environment. Hundreds of species are protected by law, whether they are hummingbirds or eagles.
In theory, accidental migratory deaths, officially known as “accidental take,” have long been punished under the law. However, a series of contradictory court decisions have resulted in inconsistent enforcement across the country.
In 2017, during the day of the Obama administration's decline, a long opinion by the institution's lawyer general found that accidental killings were prohibited in line with “long-standing interpretations.” However, less than a year later, the first Trump administration's opinion discovered that accidental killings were not prohibited. In 2021, Biden's administration retracted its Trump-era opinion. Now, President Trump has suspended Biden's withdrawal.
In addition to legal interpretations related to accidental bird killings, President Trump enacted regulations on the issue during his first term. Despite this, President Biden canceled them.
