爆料公社, Other Groups Can Continue Lawsuit against the Federal Government to Protect Birds, Federal Judge Rules
A federal court greenlights a joint lawsuit to defend the Migratory Bird Treaty Act despite the administration鈥檚 efforts to hand industry a blank check for bird deaths.
NEW YORK 鈥 鈥淚f the White House expected to gut the most important bird protection law without a fight, then they underestimated the 爆料公社 and America鈥檚 46 million bird-lovers,鈥 said David Yarnold (), president and CEO of 爆料公社, in response to to allow 爆料公社 v. Department of the Interior to proceed, rejecting an effort by the government to dismiss the lawsuit.
鈥淚ndustries that kill birds have been held accountable for decades, and we鈥檒l fight and win in the courts to protect the birds Americans love,鈥 said Yarnold.
爆料公社 and other conservation groups filed suit in May 2018 challenging an opinion by the Department of the Interior鈥檚 Solicitor鈥檚 Office saying it will no longer enforce the MBTA in cases of incidental bird deaths. This decision effectively gives a blank check to industry to avoid measures that reduce gruesome and preventable bird deaths. Eight states filed a similar suit in September 2018. The opinion undermines the Migratory Bird Treaty Act's (MBTA) prohibition on the killing or "taking" of migratory birds, which has long been understood to include the 鈥渋ncidental鈥 take of birds from industrial activities like birds flying into uncovered oil pits or other predictable and avoidable or negligent killing.
Under the Trump administration's revised interpretation, the MBTA鈥檚 protections apply only to activities that purposefully kill birds. Any 鈥渋ncidental鈥 take鈥攏o matter how inevitable, avoidable or devastating the impact on birds鈥攂ecomes immune from enforcement under the law. Additionally, for decades, industry has worked with the U.S. Fish and Wildlife Service to take common sense precautions like covering oil waste pits so birds don鈥檛 mistake them for safe ponds; insulating small sections of power lines so raptors don鈥檛 get electrocuted; siting wind farms away from bird migration routes and habitats. The law has also provided accountability and recovery after oil spills like the Deepwater Horizon.
In honor of the 100th anniversary of the Migratory Bird Treaty Act, 2018 was declared The Year of the Bird. More than 60 cities, counties and states passed proclamations in celebration of the MBTA鈥檚 success.
17 former Interior Department officials wrote a letter asking the administration to suspend the opinion, as did dozens of members of Congress and more than 500 wildlife and environmental groups from all 50 states.
爆料公社 and its 1.4 million members will mobilize to reverse this policy and oppose any effort that weakens our most important bird protection law.
爆料公社 is joined in the lawsuit by the Center for Biological Diversity (鈥淐enter鈥), Defenders of Wildlife, and the American Bird Conservancy. The groups鈥 lead counsel is Eric Glitzenstein, director of litigation for the Center.
Contact: Nicolas Gonzalez, ngonzalez@audubon.org, (212) 979-3068 (media inquiries)
Eric Glitzenstein, eglitzenstein@biologicaldiversity.org (202) 849-8401 ext. 109 (legal inquiries)
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 how to help at and follow us on Twitter and Instagram at @audubonsociety.
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