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Migratory Birds Lose Protection Against Industry in Latest Trump Action Against Environmental Regulations

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Migratory Birds Lose Protection Against Industry in Latest Trump Action Against Environmental Regulations
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Energy companies and other businesses are no longer liable for accidentally killing migratory birds, the Trump administration announced Friday in a decision hailed by industry insiders.

A legal memo by the U.S. Interior Department reverses a longstanding agency practice and last-minute ruling released by the Obama administration in January 2017. The Obama-era policy meant that oil, gas, wind and solar operators could face prosecution for accidentally killing birds.


"Christmas came early for bird killers. By acting to end industries' responsibility to avoid millions of gruesome bird deaths per year, the White House is parting ways with more than 100 years of conservation legacy," David O'Neill, the chief conservation officer for the National Audubon Society, said in response to the decision.

In a legal opinion, the Interior Department's principal deputy solicitor, Daniel Jorjani, described the federal government's application of the Migratory Bird Treaty Act—a 1918 law that officials have used to prosecute those who kill birds "incidentally"—as overreach.

The law "applies only to direct and affirmative purposeful actions that reduce migratory birds, their eggs, or their nests, by killing or capturing, to human control," Jorjani said in the Interior Department's legal memo.

Applying the law "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 fine for each and every bird injured or killed," Jorjani wrote.

Before his post with the Trump administration, Jorjani worked for the Freedom Partners Chamber of Commerce, a project of the billionaire oil executives Charles G. and David H. Koch.

The National Ocean Industries Association (NOIA) and the American Petroleum Institute (API) praised the Interior Department's change of direction as a reasonable approach to the issue.

"Over the last few years, the management of 'take' under MBTA has been riddled with flawed decisions that have created massive uncertainty," Tim Charters, the senior director of government affairs for NOIA, told the Washington Post. "This common-sense approach ensures that lawful activities are not held hostage to unnecessary threats of criminalization."

Environmentalists expect that the policy reversal will create an environment with no accountability for the deaths of unprotected birds, Reuters noted. The prospect of legal liability fostered corporate efforts to create bird-friendly solutions.

"We just don't want to lose any incentive for the industry to come to the table and work through this with us," O'Neill told the Washington Post. "And the solutions are out there."

"The wind kills all your birds. All your birds, killed," Trump said during a rally in Pennsylvania in August 2016. "You know, the environmentalists never talk about that."

O'Neill, speaking to the Washington Post, said it's "ironic" that Trump lamented the bird-deaths then turned around to gut "one of the best tools we have to make sure the wind industry is properly siting these projects."

This move is the latest in a series of actions taken by Trump to weaken environmental protections his administration views as burdensome to industry, including shrinking of two national monuments in Utah and reconsidering protections for the Greater Sage Grouse, a Western bird whose population has dropped rapidly amid threats to its habitat.

Exact estimates are difficult to come by, but it's estimated that oil waste pits kill between a half million and 1 million birds each year, according to one study. Meanwhile, power lines kill up to 175 million birds per year, according to Audubon.

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By Elliot Douglas

In early October, Britain's Prince William teamed up with conservationist David Attenborough to launch the Earthshot Prize, a new award for environmentalist innovation. The Earthshot brands itself the "most prestigious global environment prize in history."

The world-famous wildlife broadcaster and his royal sidekick appear to have played an active role in the prize's inception, and media coverage has focused largely on them as the faces of the campaign.

But the pair are only the frontmen of a much larger movement which has been in development for several years. In addition to a panel of experts who will decide on the winners, the prize's formation took advice from the World Wildlife Fund, Greenpeace and the Jack Ma Foundation.

With more and more global attention on the climate crisis, celebrity endorsement of environmental causes has become more common. But why do environmental causes recruit famous faces for their campaigns? And what difference can it make?

'Count Me In'

"We need celebrities to reach those people who we cannot reach ourselves," says Sarah Marchildon from the United Nations Climate Change secretariat (UNFCCC) in Bonn, Germany.

Marchildon is a proponent of the use of celebrities to raise awareness of environmental causes. In addition to promoting a selection of climate ambassadors who represent the UN on sustainability issues, Marchildon's team has produced videos with well-known narrators from the entertainment world: among them, Morgan Freeman and Mark Ruffalo.

"We choose celebrities who have a lifestyle where they are already talking about these issues," Marchildon explains.

"Sometimes they reach out to us themselves, as David Attenborough did recently. And then they can promote the videos on their own social channels which reach more people than we do — for example, if they have 20 million followers and we have 750,000."

Environmental groups focused on their own domestic markets are also taking this approach. One Germany-based organization that uses celebrities in campaigns is the German Zero NGO. Set up in 2019, it advocates for a climate-neutral Germany by 2035.

German Zero produced a video in March 2020 introducing the campaign with "66 celebrities" that supported the campaign, among them Deutschland 83 actor Jonas Nay and former professional footballer Andre Schürrle. They solicit support as well as financial contributions from viewers.

"Count me in," they say, pointing toward the camera. "You too?"

"We are incredibly grateful for the VIPs in our videos," says German Zero spokeswoman Eva-Maria McCormack.

Assessing Success Is Complex

But quantifying the effectiveness of celebrity endorsement of campaigns is not a straightforward process.

"In order to measure effectiveness, first of all you need to define what is meant by success," says Alegria Olmedo, a researcher at the Zoology Department at the University of Oxford.

Olmedo is the author of a study looking at a range of campaigns concerning pangolin consumption, fronted by local and Western celebrities, in Vietnam and China. But she says her biggest stumbling block was knowing how to measure a campaign's success.

"You need a clear theory of change," explains Olmedo. "Have the celebrities actually helped in achieving the campaign's goals? And how do you quantify these goals? Maybe it is increased donations or higher engagement with a cause."

A popular campaign in China in recent years saw famous chefs Zhao Danian and Shu Yi pledge to abstain from cooking endangered wildlife. While the pledge achieved widespread recognition, both Olmedo and Marchildon say it's difficult to know whether it made any difference to people's actions.

"In life we see a thousand messages every day, and it is very hard to pinpoint whether one campaign has actually made a difference in people's behavior," she explains.

Awareness Is Not Enough

Many campaigns that feature celebrities focus on raising awareness rather than on concrete action — which, for researcher Olmedo, raises a further problem in identifying effectiveness.

"Reach should never be a success outcome," she says. "Many campaigns say they reached a certain number of people on social media. But there has been a lot of research that shows that simply giving people information does not mean they are actually going to remember it or act upon it."

But anecdotal evidence from campaigns may suggest reach can make an active difference.

"Our VIP video is by far the most watched on our social media channels," McCormack from German Zero says. "People respond to it very directly. A lot of volunteers of all ages heard about us through that video."

However, some marketing studies have shown that celebrity endorsement of a cause or product can distract from the issue itself, as people only remember the person, not the content of what they were saying.

Choosing the Right Celebrity

Celebrity choice is also very important. Campaigns that use famous faces are often aiming to appeal to members of the public who do not necessarily follow green issues.

For certain campaigns with clear target audiences, choosing a climate scientist or well-known environmentalist rather than a celebrity could be more appealing — Attenborough is a classic example. For others, images and videos involving cute animals may be more likely to get a message heard than attaching a famous face.

"We choose celebrities who have a lifestyle where they are already talking about these issues," says Marchildon from the UN. "You need figures with credibility."

McCormack cites the example of Katharine Hayhoe, an environmental scientist who is also an evangelical Christian. In the southern United States, Hayhoe has become a celebrity in her own right, appealing to an audience that might not normally be interested in the messages of climate scientists.

But as soon as you get a celebrity involved, campaigns also put themselves at risk of the whims of that celebrity. Prince William and younger members of the royal family have come under fire in recent years for alleged hypocrisy for their backing of environmental campaigns while simultaneously using private jets to fly around the world.

But Does It Really Work?

While environmental campaigns hope that endorsement from well-known figures can boost a campaign, there is little research to back this up.

"The biggest finding [from my study] was that we were unable to produce any evidence that shows that celebrity endorsement of environmental causes makes any difference," says Olmedo.

This will come as a blow to many campaigns that have invested time and effort into relationships with celebrity ambassadors. But for many, the personal message that many celebrities offer in videos like that produced by German Zero and campaigns like the Earthshot Prize are what counts.

The research may not prove this conclusively — but if the public believes a person they respect deeply personally cares about an important issue, they are perhaps more likely to care too.

"I personally believe in the power this can have," says Marchildon. "And if having a celebrity involved can get a single 16-year-old future leader thinking about environmentalist issues — that is enough."

Reposted with permission from DW.

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