Judge Valerie Caproni ruled late Tuesday against the Trump administration’s interpretation of the Migration Bird Act to “criminalize only affirmative action,” instead of incidental acts. The ruling cites an example of the distinction offered by the administration: Hitting a barn containing owl nests would no longer be treated by the treaty if killing the owls was not the reason for the demolition of the barn.
She said the reinterpretation of the Department of Home Affairs’ centuries-old law “means” many mocking birds and other migratory birds that prey on humans and support ecosystems across the country will be killed without legal consequences. ”
Home Affairs spokesman Conner Swanson said the ruling “undermines the interpretation of the common meaning of the law and contradicts recent efforts, shared across the political spectrum, to decriminalize unintentional behavior.”
The groups and states involved in the administration applauded the ruling. The Council on Natural Resources Defense said the administration’s policy would have removed obstacles for businesses and land developers. The National Audubon Society called the ruling “an enormous victory for birds” which, for example, would re-impose requirements that utilities “implement best practices for power lines to reduce bird electrocutions and collisions.”
The rules of the administration would allow the operators to benefit from wind turbines that strike flying birds. But in a television appearance Tuesday on Fox, President Donald Trump criticized wind power, saying, “It kills all birds.”
.
