Nationwide environmental teams filed a lawsuit as we speak within the Southern District of New York difficult the Trump administration’s last-ditch bird-killing rule: its reinterpretation of the Migratory Fowl Treaty Act, which eradicated longstanding, important protections for greater than 1,000 species of waterfowl, raptors, and songbirds.
“We’re again within the courts to battle the Trump administration’s callous resolution to get rid of protections for migratory birds,” mentioned Jamie Rappaport Clark, president and CEO of Defenders of Wildlife. “Despite the fact that a federal court docket already dominated that the administration’s reinterpretation of the MBTA was unlawful, it pushed ahead with its rulemaking to cement this harmful coverage into regulation. We’re right here to overturn this horrible resolution as soon as and for all.”
Seven environmental teams — Nationwide Audubon Society, Pure Assets Protection Council, American Fowl Conservancy, Middle for Organic Variety, Defenders of Wildlife, Nationwide Wildlife Federation, and Sierra Membership — joined the swimsuit.
Below the Trump administration’s revised interpretation, the Act’s protections will apply solely to actions which can be particularly supposed to kill birds. So-called “incidental” take, no matter its affect on fowl populations or how foreseeable that affect is — equivalent to letting birds drown in uncovered oil pits — is rendered immune from enforcement underneath the regulation.
“Trump’s tenure has been a reign of terror for the setting, and his merciless insistence on destroying this century-old regulation is a testomony to his whole disregard for wildlife,” mentioned Noah Greenwald, endangered species director on the Middle for Organic Variety. “The revised rule is nothing however a present to grease firms and different polluters, permitting them to kill birds with out authorized consequence. The courts rightfully stopped this farce as soon as earlier than, and we hope this newest swimsuit once more absolutely restores authorized safety to birds that desperately want it.”
Had the Trump administration’s bird-killing rule been in place on the time of the Deepwater Horizon oil spill in 2010, British Petroleum would have prevented paying greater than $100 million in fines to help wetland and migratory fowl conservation to compensate for greater than 1,000,000 birds the accident was estimated to have killed.
“Trump’s rollback of migratory fowl protections is an appalling and inexcusable give-away to company polluters who don’t wish to face any penalties for killing birds,” mentioned Bonnie Rice, Sierra Membership’s endangered species consultant. “Two-thirds of North America’s birds are imperiled by local weather change. Greater than three billion birds have vanished since 1970. We’d like extra protections, not much less, within the face of this large loss and the present human-caused extinction disaster.”
The Trump administration started its assault on the Migratory Fowl Treaty Act in December 2017 with a authorized opinion authored by Daniel Jorjani, the solicitor of the Division of the Inside and a former Koch Industries worker. This opinion has already allowed birds deaths throughout the nation that would have simply been prevented. In Could 2018 the Middle and allies filed suit within the Southern District of New York to problem the proposed revision, leading to a blistering court docket decision overturning the opinion.
Flouting the court docket ruling invalidating the premise for the reinterpretation, the Trump administration moved forward with finalizing the rule on Jan. 4, together with a flurry of different last-minute actions aimed toward eviscerating an array of important environmental legal guidelines and laws.
Because of Defenders of Wildlife for sharing this information.