Accidentally Killing Birds Isn't A Crime, Says Trump Administration

The Trump administration says it will no longer criminally prosecute companies that accidentally kill migratory birds. The decision reverses a rule made in the last weeks of the Obama administration. A legal memo from the Department of the Interior posted Friday declares that the Migratory Bird Treaty Act applies only to purposeful actions that kill migratory birds, and not to energy companies and other businesses that kill birds incidentally. "Interpreting the MBTA to apply to incidental or accidental actions hangs the sword of Damocles over a host of otherwise lawful and productive actions, threatening up to six months in jail and a $15,000 penalty for each and every bird injured or killed," the memo says. In its final weeks, the Obama administration issued a legal opinion stating that the law does include the incidental killing of birds, but in February, the Trump administration suspended that opinion pending review...more

View the legal memo here.