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Former DOI Officials Want Zinke to Reconsider Changes to the Migratory Bird Treaty Act
By Jamie Rappaport Clark
The Migratory Bird Treaty Act (MBTA) enacted by Congress turns 100 this year, and has been read by federal agencies, including the Department of Justice and the courts, as protecting birds not just from unauthorized hunting but also from being trapped, poisoned or mangled by industrial operations. Migratory birds are increasingly threatened by land development, habitat loss and the effects of climate change.
On Dec. 22, 2017, the Solicitor of the Department of the Interior issued a legal memorandum reversing the longstanding interpretation of the Migratory Bird Treaty Act to exempt industry—including the oil and gas industry, powerlines and wind energy—from compliance with the U.S.' commitment under international agreements to protect migratory birds.
This new legal interpretation flies in the face of what every administration since the 1970's has held to be true: The Migratory Bird Treaty Act strictly prohibits the unregulated killing of birds. Instead, Trump's Interior Department has gone out of its way to turn the act's straightforward language into a giant loophole for companies whose activities routinely kill birds.
Thursday, a bipartisan coalition of 17 former Department of the Interior officials spanning the last 40 years sent a letter to Interior Sec. Ryan Zinke condemning a legal reinterpretation of the MBTA that could result in the unregulated killing of birds.
The coalition wrote:
The MBTA can and has been successfully used to reduce gross negligence by companies that simply do not recognize the value of birds to society or the practical means to minimize harm. Your new interpretation needlessly undermines a history of great progress, undermines the effectiveness of the migratory bird treaties, and diminishes U.S. leadership.
Birds are, quite literally, the proverbial "canary in the coal mine." How birds fare in the world indicates how all wildlife and habitat, and by extension human populations, will fare. It is not just poetry that led Rachel Carson to title her seminal work, Silent Spring. All the past administrations for which we have worked have struck a balance and worked diligently and in good faith with industries that had significant impacts on birds, such as oil and gas, coal, electric utilities, commercial fishing, communications, transportation, national defense, and others to reasonably address unintended take. It can be done. In fact, it has been done.
In a world where connections to nature are becoming ever more tenuous, birds are the wildlife that Americans encounter daily. Whether we are conservationists, birdwatchers, hunters or just citizens who enjoy the natural world, conserving birds is a common interest. In addition, we must consider how our treaty partners in Canada, Mexico, Japan and Russia will view this new interpretation. Only a few years ago, the U.S. exchanged formal diplomatic notes with Canada reaffirming our countries' common interpretation that incidental killing of birds was prohibited by the treaty.
Just as Theodore Roosevelt declared and demonstrated, we, as Federal officials, endeavored to strike a balance between development and conservation. We recognized that strict liability must be tempered with common sense notions of reasonable foreseeability and readily available alternatives. We are anxious to explore this balance and provide you with an approach that we can all support, and one that will continue the proud record of U.S. leadership in conserving birds."
Jamie Rappaport Clark
As former director of the U.S. Fish and Wildlife Service under President Bill Clinton, I signed this letter because it is shameful that the Trump administration will celebrate the milestone of 100 years of protecting migratory birds by weakening this critical bedrock environmental law at the expense of wildlife.
Jamie Rappaport Clark
From the remotest wilderness to right in our own backyards, birds connect us to the glory of our natural surroundings. We must protect them today, and for the future.
EcoWatch Daily Newsletter
By Daisy Brickhill
Each morning, men living in fishing communities along Ghana's coastline push off in search of the day's catch. But when the boats come back to shore, it's the women who take over.
By Sam Nickerson
Links between excess sugar in your diet and disease have been well-documented, but new research by Harvard's School of Public Health might make you even more wary of that next soda: it could increase your risk of an early death.
The study, published this week in the American Heart Association's journal Circulation, found that drinking one or two sugar-sweetened beverages (SSBs) each day — like sodas or sports drinks — increases risk of an early death by 14 percent.
Tyson Foods Recalls Nearly 70,000 Pounds of Chicken Strips After Customers Find ‘Fragments of Metal’
Tyson Foods is recalling approximately 69,093 pounds of frozen chicken strips because they may have been contaminated with pieces of metal, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced Thursday.
The affected products were fully-cooked "Buffalo Style" and "Crispy" chicken strips with a "use by" date of Nov. 30, 2019 and an establishment number of "P-7221" on the back of the package.
"FSIS is concerned that some product may be in consumers' freezers," the recall notice said. "Consumers who have purchased these products are urged not to consume them. These products should be thrown away or returned to the place of purchase."
Environmental exposure to pesticides, both before birth and during the first year of life, has been linked to an increased risk of developing autism spectrum disorder, according to the largest epidemiological study to date on the connection.
The study, published Wednesday in BMJ, found that pregnant women who lived within 2,000 meters (approximately 1.2 miles) of a highly-sprayed agricultural area in California had children who were 10 to 16 percent more likely to develop autism and 30 percent more likely to develop severe autism that impacted their intellectual ability. If the children were exposed to pesticides during their first year of life, the risk they would develop autism went up to 50 percent.
ExxonMobil could be the second company after Monsanto to lose lobbying access to members of European Parliament after it failed to turn up to a hearing Thursday into whether or not the oil giant knowingly spread false information about climate change.
The call to ban the company was submitted by Green Member of European Parliament (MEP) Molly Scott Cato and should be decided in a vote in late April, The Guardian reported.
Bernie Sanders has become the first contender in the crowded 2020 Democratic presidential primary field to pledge to offset all of the greenhouse gas emissions released by campaign travel, The Huffington Post reported Thursday.