Thursday, January 7, 2021

Free For All -- Dead Ducks -- DOA -- January 7, 2021

US scraps legal protections for migratory birds. Link here.  

President Donald Trump's administration has finalized a rule that will allow oil companies, wind farm owners and other industries to kill an unlimited number of migratory birds without facing any federal penalties.

The new rule, published today, would re-interpret the Migratory Bird Treaty Act of 1918...

The rule is one of the last industry-friendly changes to environmental laws the Trump administration is pushing through in its last weeks in office.

Oil producers feel they have been unfairly targeted under the law, since most migratory bird deaths are caused by buildings and electrical lines. Power lines kill more than 31mn birds each year, while oil pits kill 750,000 and wind turbines kill 230,000.

The final rule will not go into effect for 30 days, well after president-elect Joe Biden is sworn into office on 20 January. Biden last month vowed to halt or delay "midnight regulations" that have not already taken effect.

A federal judge last year already threw out the Trump administration's first attempt to re-interpret the Migratory Bird Treaty Act, after finding there was "nothing" in the text of the law to suggest the Trump administration's new interpretation was correct. That could offer grounds for activists to challenge the rule in court. The US Congress could also vote to scrap the rule, under a law named the Congressional Review Act, if there is support from a majority of members in the US Senate and the US House of Representatives.

The outcome of this "rule"? DOA. 

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