Trump moves to relax rules on killing birds

Source: Washington Post

JULIET EILPERIN AND SARAH KAPLAN
The Washington Post
NOV 27, 2020 11:21 PM

WASHINGTON — The Trump administration published an analysis Friday finding that its rule easing companies’ liability for killing birds would not cause significant environmental harm, clearing the way for it to finalize a major rollback before the president’s term ends on Jan. 20.

The administration, which is racing to lock in a series of regulatory changes before President-elect Joe Biden takes office, can now publish a final rule modifying the U.S. Fish and Wildlife Service’s interpretation of the 1918 Migratory Bird Treaty Act as soon as Dec. 28. For three years, officials at the Interior Department have sought to shield energy companies, construction firms, and land developers from prosecution if their operations “incidentally” kill birds, weakening protections under the law.

The new analysis suggests that all three alternatives — including codifying the administration’s narrower interpretation into law or returning to the historic definition that holds firms liable for accidental bird deaths — will “have incremental effects on current environmental conditions.” It identifies scaling back the rule as its “preferred alternative,” and says including accidental deaths “would be inconsistent with the Department’s current view of the law.”

The analysis suggests, however, that finalizing the rule would likely have “negative effects” on migratory birds because industry would have less of an incentive to adopt precautions to prevent birds from becoming ensnared in development projects.

Read more: https://www.post-gazette.com/news/environment/2020/11/28/Trump-moves-to-relax-rules-on-killing-birds/stories/202011290124