Federal court limits effectiveness of Migratory Bird Treaty Act

The Altamont Wind Energy farm near San Francisco has created controversy over the number of birds killed by older wind turbines. After Audubon chapters pushed for improvements, newer turbines are killing fewer birds. Photo: California Energy Commission

For nearly 100 years, the Migratory Bird Treaty Act has served as one of our country's bedrock environmental protections, but a recent ruling by a federal court of appeals could greatly limit its power to safeguard birds. The Fifth Circuit Court of Appeals (which covers Texas, Louisiana, and Mississippi) in September ruled that the Act only applies if the killing of birds is intentional. Regulatory agencies have use the Act to regulate environmental impacts at a variety of locations, including oil fields and wind energy sites. The Department of Justice is considering an appeal.

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