Joint Release: Lawsuits Seek to Restore Protections for Migratory Birds
WASHINGTON (May 24, 2018)
A coalition of national environmental groups, including American Bird
Conservancy, Center for Biological Diversity, Defenders of Wildlife,
National Audubon Society,
National Wildlife Federation, and the Natural Resources Defense
Council, today filed litigation,
National Audubon Society v. Department of the Interior, in the
Southern District of New York challenging the current Administration’s
move to eliminate longstanding protections for waterfowl, raptors, and
songbirds under the Migratory Bird Treaty Act (MBTA).
In
a legal opinion issued December 2017,
the Administration abruptly reversed decades of government policy and
practice — by both Democratic and Republican administrations — on the
implementation
and enforcement of the MBTA.
The
Act's prohibition on the killing or "taking" of migratory birds has
long been understood to extend to incidental take from industrial
activities — meaning unintentional but predictable
and avoidable killing. Under the Administration's revised
interpretation, the MBTA’s protections will apply only to activities
that purposefully kill birds. Any “incidental” take — no matter how
inevitable or devastating the impact on birds — is now immune
from enforcement under the law.
The
risk of liability under the MBTA has long provided the oil and gas
industry, wind energy development companies, and power transmission line
operators with
an
incentive to work with the U.S. Fish and Wildlife Service to minimize
bird deaths. For example, in an effort to protect migratory birds and
bats and avoid potential MBTA liability, the wind industry,
conservation groups, and the U.S. Fish and Wildlife Service worked to
develop comprehensive guidelines aimed to ensure best practices for
siting and developing wind farms.
The
Administration’s new policy eliminates this incentive for industries
and individuals to minimize and mitigate foreseeable impacts of their
activities on migratory birds, putting already-declining
populations of our nation’s songbirds and other migratory birds at
risk.
The MBTA also protects birds from fossil fuel development. Oil pits kill hundreds of thousands of birds —
if
incidental take liability is eliminated, industry need no longer take
measures to protect birds from these hazards. In addition, when the 2010
BP Deepwater Horizon disaster spilled more than 210
million gallons of oil in the Gulf of Mexico more than 1 million birds
were killed in the four years following the blowout.
BP paid $100 million in fines under the MBTA that supported wetland and
migratory
bird conservation. The new interpretation would bar the federal
government from seeking such mitigation under the MBTA for devastating
oil spills in the future.
(The
American Bird Conservancy, Center for Biological Diversity, Defenders
of Wildlife and National Audubon Society are being represented in the
litigation by the public-interest law firm of
Meyer Glitzenstein & Eubanks LLP.)
Quotes from conservation groups:
“The
new policy makes it much harder to protect birds from major bird traps —
threats like oil pits, wind turbines, and communication towers
in bird migration hotspots,” said Mike Parr, President of American Bird Conservancy. “Leaving these threats unattended is like leaving manhole covers off along the sidewalk during rush hour
— it’s negligent, irresponsible, and guaranteed to cause harm.”
"The Trump administration's rollback of the Migratory Bird Treaty Act is an absolute disaster for America's birds," said
Noah Greenwald, endangered species director at the Center for Biological Diversity.
"Many bird species are already declining from habitat destruction and a
host of other threats. This rule will allow the death of even more
birds, whether they're landing
on polluted ponds left uncovered by the oil and gas industry or have
their nest trees cut down from underneath them. It's tragic."
“For
100 years, the United States has committed with other nations to
protect migratory birds through
international treaties and laws. The Trump administration’s meddling
with the Migratory Bird Treaty Act threatens to reverse decades of
progress to conserve birds that are essential to ecosystems, economies
and our enjoyment of nature. On the centennial of
this important law, we will do everything we can to protect migratory
birds that are defenseless against the reckless actions taken by this
administration,” said
Jamie Rappaport Clark, CEO and President of Defenders of Wildlife.
“One of the first conservation laws, the MBTA sparked 100 years of conservation leadership in this country,” said
Sarah Greenberger senior vice president of conservation policy for the National Audubon Society.
“It defies all facts for the Department of the Interior to suggest that
this law is somehow broken when we have a century of evidence that says
otherwise.”
“We
cannot let Secretary Zinke add one of the oldest and most important
laws for birds to his list of anti-environmental giveaways, especially
when birds are in critical need of protection. Drastically
slashing the reach of the MBTA and removing accountability for
preventable bird deaths is unacceptable.”
— Katie Umekubo, Natural Resources Defense Council, Senior Attorney, Nature Program.
Contacts:
(Photo:
Black-and-White Warbler is one of approximately 800 bird species
regularly found in the United States. All of these species
face increased threats from changes to the implementation and
enforcement of the Migratory Bird Treaty Act. Photo © Michael
Stubblefield)
###
American Bird Conservancy
is dedicated to conserving birds and their habitats throughout the
Americas. With an emphasis on achieving results and working in
partnership,
we take on the greatest problems facing birds today, innovating and
building on rapid advancements in science to halt extinctions, protect
habitats, eliminate threats and build capacity for bird conservation.
Find us on
Facebook,
Instagram, and Twitter: @abcbirds1.
Defenders
of Wildlife is dedicated to the protection of all native animals and
plants in their natural communities. With over 1.8 million members and
activists, Defenders of Wildlife is
a leading advocate for innovative solutions to safeguard our wildlife
heritage for generations to come. For more information, visit
Newsroom.Defenders.org
and follow us on Twitter @DefendersNews.
The
Center for Biological Diversity is a national, nonprofit conservation
organization with more than 1.6 million members and online activists
dedicated to the protection of endangered species and
wild places. biologicaldiversity.org
The National Audubon Society protects birds and the places they need, today and tomorrow. Audubon
works throughout the Americas using, science, advocacy, education and
on-the-ground conservation.
State programs, nature centers, chapters, and partners give Audubon 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,
Audubon believes in a world in which people and wildlife thrive. Learn
more how to help at www.audubon.org and follow us on Twitter and Instagram at @audubonsociety.
The
Natural Resources Defense Council (NRDC) is an international nonprofit
environmental organization with more than 3 million members and online
activists. Since 1970, our lawyers, scientists,
and other environmental specialists have worked to protect the world's
natural resources, public health, and the environment. Visit us at www.nrdc.org and follow us on Twitter @NRDC.
Michael J. Parr
President
American Bird Conservancy
4301 Connecticut Avenue, NW, Suite 451
Washington, DC 20008
Tel/Fax/Txt: (202) 888 7486
Cell: (202) 684 5805
Twitter: @michaeljparr
