When Trump Administration Saved Energy Companies and Ruled Out the Killing of Migratory Birds

During Donald Trump’s presidency, several decisions sparked curiosity and controversy, particularly the controversial move concerning migratory birds. In January 2020, reports surfaced that his administration intended to nullify the punitive measures of the Migratory Bird Treaty Act of 1918. This act held companies accountable for the unintentional killing of birds during their industrial operations. However, the proposed change suggested that any unintentional or accidental bird deaths wouldn't be considered a breach of federal law, as reported by HuffPost.

The director of the Fish and Wildlife Service, Aurelia Skipwith said that bird conservation is "an integral part" of the agency’s mission. She also said that the proposal “ensures hunting remains a benefit rather than a detriment to bird populations.” She added, “Private industries, which are critical to our nation’s economy and overall well-being, can operate without the fear and uncertainty that the unintentional consequences of their actions will be prosecuted.” The news was quickly approved by industry groups as Erik Milito of the American Petroleum Institute also voiced his support.

He said, "[it was] an example of astute governance that provides certainty for responsible owners and operators of oil and natural gas facilities.” The biggest winners were the fossil fuel, mining, and agricultural sectors. One such incident that happened during Trump's presidency was when a pipeline owned by Andeavor burst near Buhl, Idaho, leaking thousands of gallons of diesel. Dead birds were found during the cleanup, but the cause of their deaths was seemingly ignored, according to HuffPost. However, this rollback also faced significant opposition, with Interior Department officials writing to the Trump administration to voice their disapproval.

They argued that it was a new legal standard that was a major loophole in the MBTA, enabling companies to carry out operations that frequently result in the death of migratory birds. Endangered species director, Noah Greenwald said, "With a recent study finding there are 3 billion fewer birds in North America than 50 years ago, you’d think we’d want more protection for birds, not less." Greenwald added, "This rule violates the trust and will of millions of Americans who love birds and want them around for future generations to enjoy.” Environmental groups like the National Audubon Society lambasted the administration’s decision as a favor to polluting industries.

The Migratory Bird Treaty Act of 1918 protects over a thousand bird species from hunting, capturing, and killing without a permit. Meanwhile, later on, Joe Biden’s administration proposed to reverse this change. Back then, senior vice president of conservation for Audubon, Sarah Greenberger said, “We’re confident in the Biden administration’s commitment to both bring these protections back and to strengthen them,” as reported by The Independent. Eric Glitzenstein, another official at the Center for Biological Diversity, also said, “The Biden administration is right to reverse the horrific Trump rule, which allows millions of migratory birds to be killed with impunity." “Our struggling bird populations can’t afford delay,” he added.