Trump administration moves forward with relaxing law on killing birds

The Department of the Interior’s Fish and Wildlife Service published an analysis of the 1918 Migratory Bird Treaty Act that paves the way for the Trump administration to roll back companies’ legal liability for killing birds.

The amended regulation would allow the administration to codify its interpretation of the law, which excludes “incidental take” — the unintentional killing of birds — from the enforceable bird deaths.

Under the interpretation, it’s possible that events like BP’s Deepwater Horizon explosion would no longer leave companies liable for the hundreds of thousands of birds killed by those incidents. Because of the Migratory Bird Treaty Act and the enforcement of incidental
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