*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 Administrationâs
move to eliminate longstanding protections for waterfowl, raptors, and
songbirds under the Migratory Bird Treaty Act (MBTA).
In a legal opinion issued December 2017
<https://landuse.coxcastle.com/files/2017/12/m-37050.pdf>, the
Administration abruptly reversed decades of government policy and practice
â by both Democratic and Republican administrations â 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 â meaning unintentional but predictable and avoidable killing.
Under the Administration's revised interpretation, the MBTAâs protections
will apply only to activities that purposefully kill birds. Any
âincidentalâ take â no matter how inevitable or devastating the impact on
birds â 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 Administrationâs 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 nationâs songbirds and other migratory
birds at risk.
The MBTA also protects birds from fossil fuel development. Oil pits kill
hundreds of thousands of birds â 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:*
âThe new policy makes it much harder to protect birds from major bird traps
â threats like oil pits, wind turbines, and communication towers in bird
migration hotspots,â said *Mike Parr, President of American Bird
Conservancy*. âLeaving these threats unattended is like leaving manhole
covers off along the sidewalk during rush hour â itâs negligent,
irresponsible, and guaranteed to cause harm.â
"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."
âFor 100 years, the United States has committed with other nations to
protect migratory birds through international treaties and laws. The Trump
administrationâs 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,â said *Jamie Rappaport Clark, CEO and President of
Defenders of Wildlife. *
âOne of the first conservation laws, the MBTA sparked 100 years of
conservation leadership in this country,â said *Sarah Greenberger senior
vice president of conservation policy for the National Audubon Society*.
âIt 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.â
âWe 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.â â *Katie Umekubo, Natural Resources Defense Council, Senior
Attorney, Nature Program.*
*Contacts: *
Steve Holmer, American Bird Conservancy, 202-888-7490, sholmer@xxxxxxxxxxxx
Noah Greenwald, Center for Biological Diversity, (971) 484-7495,
ngreenwald@xxxxxxxxxxxxxxxxxxxxxxx
Gwen Dobbs, Defenders of Wildlife, 202-772-0269, gdobbs@xxxxxxxxxxxxx
Jim Murphy, National Wildlife Federation, 802-595-5268, jmurphy@xxxxxxx
Lisa Hardaway, National Audubon Society, (212) 979-3000,
lhardaway@xxxxxxxxxxx
Josh Mogerman, Natural Resources Defense Council, (312) 651-7909,
jmogerman@xxxxxxxx
*(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 <https://abcbirds.org/> 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
<https://www.facebook.com/AmericanBirdConserve/>, Instagram
<https://www.instagram.com/americanbirdconservancy/>, and Twitter:
@abcbirds1 <https://twitter.com/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
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.
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 National Wildlife Federation <http://www.nwf.org> is America's largest
conservation organization, uniting all Americans to ensure wildlife thrive
in a rapidly changing world. Follow us on Facebook
<https://www.facebook.com/NationalWildlife>, Twitter
<https://twitter.com/nwf>, and Instagram
<https://instagram.com/nationalwildlife/>.
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 <https://twitter.com/nrdc>.â
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
www.abcbirds.org
William Mueller
Director, Western Great Lakes Bird and Bat Observatory
WGLBBO online: wglbbo.org
wpmueller1947@xxxxxxxxx
office 262-285-3374
cell 414-698-9108
blog: futureofbirds.blogspot.com
Port Washington, WI
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