"The Trump administration had claimed the 1918 Migratory Bird Treaty Act barred the intentional hunting of birds, not unintentional deaths caused by industrial activities."
"The Biden administration voided a Trump-era legal opinion Monday regarding migratory birds and protections that have been in place for over a century.
The Department of Interior reversed legal interpretation by its former top lawyer Daniel Jorjani in 2017 that parties could not be held responsible for the accidental deaths of birds, even in deaths related to a chemical spill, oil and gas operations, power lines or wind turbines.
The Trump administration argued the Migratory Bird Treaty Act, passed in 1918, meant to cover the intentional hunting of migratory birds and was not intended to hold industry and private actors responsible for unintentional deaths.
Critics of Jorjani’s legal interpretation said it failed to incorporate decades of legal precedent and would remove incentives for resource extraction industries to update their facilities to ward off accidental deaths."
Matthew Renda reports for Courthouse News March 8, 2021.
SEE ALSO:
"Biden Administration To Propose Revocation Of Trump Bird Rule" (The Hill)