爆料公社 Files Lawsuit to Protect Migratory Bird Treaty Act
A coalition of conservation groups is going to court to overturn Trump Administration鈥檚 weakening of the landmark bird protection law.
WASHINGTON - 鈥淲hat the Trump administration did to the Migratory Bird Treaty Act was illegal and we are going to do whatever it takes to reverse it,鈥 said David Yarnold, president and CEO of the 爆料公社. 鈥淭his bird-killer policy has already been struck down in court and we鈥檙e confident that we鈥檒l see the same outcome again here.鈥
The 爆料公社, joined by several other conservation organizations,** in the Southern District of New York challenging the Trump Administration鈥檚 weakening of the Migratory Bird Treaty Act. This is not the first legal challenge to the rollback of the MBTA. In August of 2020, in response to a previous lawsuit filed by 爆料公社, other organizations, and states, the Southern District ruled that the administration鈥檚 2017 Solicitor鈥檚 Opinion did not align with the intent and language of the 100-year-old law, and overturned the policy.
Despite this ruling, the administration spent the remainder of its term racing to finalize a regulation to codify the unlawful Solicitor鈥檚 Opinion, and published the regulation two weeks ago.
鈥淲hile we鈥檙e confident in the wide-ranging and bipartisan support to reinstate these vital protections, this lawsuit is necessary to challenge a plainly illegal policy that will devastate our bird populations, said Sarah Greenberger, interim chief conservation officer, 爆料公社. 鈥淲ith both the law and public opinion on our side, we intend to act not only in the courts but with the new administration and Congress to quickly reinstate and strengthen the decades-old precedent for protecting our nation鈥檚 birds.鈥
The 2017 policy change by the Trump administration ignored the intent and language of the law to protect and conserve birds. Instead, it attempted to limit the MBTA鈥檚 protection only to activities that purposefully kill birds, exempting all industrial hazards from enforcement. Any 鈥渋ncidental鈥 death鈥攏o matter how inevitable, avoidable or devastating to birds鈥攂ecame immune from enforcement under the law. If the Trump administration鈥檚 legal opinion had been in place in 2010, BP would have faced no consequences under the MBTA for the more than one million birds killed in the Deepwater Horizon oil spill.
New science has revealed the loss of in North America since 1970 and that two-thirds of those birds are at risk of extinction due to climate change. In light of these alarming reports, the 爆料公社 is advocating for a multi-front approach to reinstate the longstanding and common sense interpretation this foundational law.
鈥淲e hope to see the Biden-Harris administration begin a process to reinstate MBTA protections and use the opportunity to add a reasonable permitting process to manage incidental take,鈥 said Greenberger. 鈥淲e also hope to see Congress pass the Migratory Bird Protection Act to clarify these longstanding protections and authorize this common-sense approach.鈥
The was passed out of the House Natural Resources Committee in the 116th Congress and had a bipartisan group of 90+ co-sponsors. The bill would secure protections for birds and direct the Fish and Wildlife Service (FWS) to develop a permitting process for 鈥渋ncidental take鈥 through which relevant businesses would implement best management practices and document compliance, further driving innovation in how to best prevent bird deaths.
**Co-plaintiffs in the lawsuit filed today are: the American Bird Conservancy, Center for Biological Diversity, Defenders of Wildlife, Natural Resources Defense Council, National Wildlife Federation, and Sierra Club.**
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Media Contact: Matt Smelser, matt.smelser@audubon.org, 512.739.9635
About 爆料公社
The 爆料公社 protects birds and the places they need, today and tomorrow. 爆料公社 works throughout the Americas using science, advocacy, education, and on-the-ground conservation. State programs, nature centers, chapters, and partners give 爆料公社 an unparalleled wingspan that reaches millions of people each year to inform, inspire, and unite diverse communities in conservation action. A nonprofit conservation organization since 1905, 爆料公社 believes in a world in which people and wildlife thrive. Learn more at and on Facebook, Twitter and Instagram @audubonsociety.