A federal judge in New York has invalidated rule changes by the Trump administration that allowed individuals and corporations to kill large numbers of migratory birds as long as they could prove they did not intentionally set out to do so.

In a 31 page ruling, US District Judge Valerie Caproni of Manhattan upheld a long standing interpretation of the century-old Migratory Bird Treaty Act (“MBTA”), and rejected the administration’s interpretation of “takings” and killings” of birds as applying only if the animal are specifically targeted.

She began her ruling by invoking the famed novel “To Kill a Mockingbird”: -

“It is not only a sin to kill a mockingbird, it is also a crime. That has been the letter of the law for the past century. But if the Department of the Interior has its way, many mockingbirds and other migratory birds that delight people and support ecosystems throughout the country will be killed without legal consequence ”

Judge Caproni concluded that there was nothing in the text of the MBTA that suggests that in order to fall within its prohibition, activity must be directed specifically at birds…Nor did the statute prohibit only intentionally killing migratory birds. And it certainly did not say that only ‘some’ kills are prohibited.

The administration had advocated for an interpretation that would have meant that even BP, the company responsible for the 2010 Deepwater Horizon oil spill in the Gulf of Mexico that led to the deaths of up to 1 million birds, would not be liable for punishment under the law.

Sarah Greenberger, interim chief conservation officer for the National Audubon Society, said: -

"This is a huge victory for birds and it comes at a critical time - science tells us that we’ve lost 3 billion birds in less than a human lifetime and that two-thirds of North American birds are at risk of extinction due to climate change.”

The Judge’s ruling restored the longstanding incidental taking policy under the statute, enacted by Congress to implement a 1916 treaty between the United States and Britain.

Main source: Reuters.