The Biden administration has reversed a Trump-era regulation that allowed companies to kill migratory birds without consequences. In the last month of Trump’s presidency, an interpretation of the Migratory Bird Treaty Act (MBTA) allowed the killing of birds on accidental terms. This meant that fossil fuel companies and other industries would not be held accountable for bird deaths caused by their actions. To protect the birds , Biden administration officials stepped in to delay the interpretation from taking place by reopening it for public comment. Now, there are plans in place for a replacement. The interpretation adopted by the Trump administration was first used by Daniel Jorjani in December 2017. Jorjani, a top lawyer at the Department of the Interior, issued an interpretation that protected companies from fines in case of unintentional killing of migratory birds. In his interpretation of the MBTA, he argued that the law was only meant to protect species from intentional hunting, capturing or killing. Despite the fact that the argument by Jorjani was rejected by a federal court, the Trump administration still went ahead to adopt it. Those who supported the Trump administration’s interpretation argue that it was meant to offer certainty to the […]

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