On Friday, the Trump administration made a significant change to the regulations surrounding the protection of migratory birds, specifically targeting the Migratory Bird Treaty Act (MBTA). The decision, led by Acting Solicitor of the U.S. Department of the Interior Gregory Zerzan, reinstated a controversial opinion from the previous Trump tenure, asserting that the MBTA does not cover the incidental killing of migratory birds, setting the stage for greater risks from industrial activities.

Background of the Migratory Bird Treaty Act

The MBTA was historically designed to protect migratory birds from various threats, including those posed by industrial operations such as oil and gas extraction. However, the recent changes undermine these protections, leading many conservationists to express serious concerns about the future of bird populations in the United States.

Tara Zuardo, a senior campaigner from the Center for Biological Diversity, criticized the decision, stating, “Trump is breaking the law and flouting a court order by handing the fossil fuel industry and polluters this blank check to kill millions of migratory birds.”

The State of Bird Populations

Recent studies indicate that bird populations across the U.S. have decreased by approximately 30% since 1970, attributed to various factors such as climate change, habitat loss, and rising threats from industrial activities. Conservationists warn that this latest policy shift may exacerbate these declines significantly.

For instance, following the devastating Deepwater Horizon oil spill in 2010, where an estimated 1 million birds were killed, penalties imposed on BP for conservation support would have been avoided under the new interpretation of the MBTA, as indicated by Zuardo in a conversation with The New York Times.

Historical Context of Regulatory Changes

This recent directive reflects an ongoing effort by the Trump administration to redefine the scope of the MBTA. Previously, in 2017, a legal opinion was issued stating that only intentional harm to birds would fall under the act. A federal court later ruled against this interpretation in 2020, reaffirming the act’s broad protective language.

The Biden administration had initially overturned the controversial interpretations of the MBTA during President Biden’s term, reinstating the traditional protections for migratory birds. However, the current administration has now acted to suspend these protections again.

Impact on Conservation Efforts

The recent rollback raises significant concerns among environmental advocates. Erik Schneider, the policy manager for the National Audubon Society, emphasized, “We’re not going to succeed in addressing the crisis facing birds and other wildlife if we let this and other historic rollbacks stand.”

The decision by the Department of the Interior, grounded in Trump’s executive order from January calling for the review of regulations deemed overly burdensome, signals a strategy heavily favoring fossil fuel and mining industries at the potential cost of wildlife survival.