Biden Administration Happily Reinstates Migratory Bird Protection After Former Trump Rule Is Struck Down

Inhabitat

Celebrated on May 8, World Migratory Bird Day is a day that bird enthusiasts all over the world are happy to observe and enjoy. The organization aims to bring awareness to the many threats that birds face on a daily basis. Recent studies have found that at least 3 billion birds within North America have been lost or disappeared over the last 50 years or so. Moreover, due to climate change, another two-thirds of their birds are also at risk.

In light of this, the Biden administration is planning to revoke a loosened rule that was put in place during Trump’s presidency. Former Interior Secretary David Bernhardt had blocked government authorities ‘firm holding companies liable for environmental violations’ that led to the death of thousands of birds. Originally, the birds were protected under the Migratory Bird Treaty Act that kept at least 1,100 species of birds shielded from harm.


Biden’s Interior Department has recently announced that they will rescind the “M-Opinion” that had been approved last January 7, just a few weeks before President Trump left the Oval Office, that had been implemented by the former government in order to loosen the highly effective bird conservation law.

The Interior Department released a statement, saying, “The rule does not reflect the best reading of the MBTA’s text, purpose, and history. The rule’s reading of the MBTA also raises serious concerns with a United States’ treaty partner, and for the migratory bird resources protected by the MBTA and underlying treaties. Accordingly, we are proposing to revoke the January 7 rule.”

When the Migratory Bird Treaty Act (MBTA) of 1918 was altered by the Trump administration, the change was to only protect birds from activities that purposefully killed birds, yet did not hold companies accountable for industrial hazards that would lead to their death. This meant that any “incidental” death, regardless of how ‘inevitable, avoidable or devasting to birds’ that death could have been was considered otherwise lawful and not punishable under the Trump ruling.

In order to further understand just how hazardous this could be, if this law had been in place back in 2010 during the Deepwater Horizon oil spill, then BP wouldn’t have had to face any consequences under the MBTA that had killed over one million birds.

Senior Vice President of conservation policy, National Audubon Society, Sarah Greenberger said, “We hope to see the administration follow quickly with another rulemaking to establish a reasonable permitting approach for incidental take. A permitting program is a common-sense approach to clarifying these longstanding protections and providing the certainty industry wants.”

Meanwhile, policy analyst for National Audupon Society, Erik Schneider explained, “We need a multi-front approach to ensure that MBTA remains as a strong foundation for bird protection well into the future.”

“In addition to action by the administration, we hope to see the Migratory Bird Protection Act reintroduced and passed in this Congress. Together, these actions will strengthen the MBTA from future attacks and offer stability and certainty for birds and businesses,” he continued.


After the Trump rule was struck down by a federal judge, the Biden administration also went on to explain that this former policy was not in line with the new policies of the current admin.

Interior Secretary Deb Haaland also released in a statement, “The Migratory Bird Treaty Act is a bedrock environmental law that is critical to protecting migratory birds and restoring declining bird populations. Today’s actions will serve to better align Interior with its mission and ensure that our decisions are guided by the best-available science.”

In order for the new law to take place, current members of Congress are required to start a new process and get the majority vote from both the House and the Senate on the bill.

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