"Environmentalists flocked together today to file suits against the Interior Department over a controversial narrowing of Migratory Bird Treaty Act protections.
In two lawsuits filed in the U.S. District Court for the Southern District of New York, the National Audubon Society and five like-minded organizations challenge Interior's revised contention that the MBTA covers only intentional acts.
The suits follow a December 2017 legal opinion from the Interior solicitor's office, which reversed an Obama administration opinion and declared that the MBTA does not extend to "incidental take" of migratory birds such as may occur when pipelines break or windmills operate (Greenwire, Jan. 12).
"The new policy makes it much harder to protect birds from ... threats like oil pits, wind turbines and communication towers in bird migration hot spots," said Mike Parr, president of the American Bird Conservancy. "Leaving these threats unattended is like leaving manhole covers off along the sidewalk during rush hour. It's negligent, irresponsible and guaranteed to cause harm.""
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