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The Trump administration released an analysis on Friday concluding that its proposed rule easing corporate liability for killing birds would cause no substantial environmental damage, the Washington Post first reported.
Why is this important: As President Trump prepares to lock in various regulatory changes ahead of President-elect Biden’s inauguration, this analysis is a key step towards finalizing rules that allow companies to avoid fines for accidentally killing migratory birds.
Details: The US Fish and Wildlife Service proposes in its analysis a new rule that will change its interpretation of the Migratory Bird Treaty Act of 1918 – which protects birds from industrial and other threats – so that only intentional killings result in fines.
- Previous administrations have used the law to impose fines on companies for accidentally killing migrating birds, known as “accidental take”.
- For decades, prosecutors have sought fines of up to $ 15,000 per bird for accidental death, according to the Post.
Reality check via the Post: “The analysis suggests, however, that finalizing the rule” would likely result in increased bird mortality “because there would be less incentive for companies to take precautions to prevent them from becoming trapped or do not collide with their operations. “
What to watch: According to Bloomberg Law, legal experts expect the new Biden administration to explore ways to reverse the rule, which is expected to be finalized as early as December 28.
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