Eight states are fighting Trump’s attempt to declaw the Migratory Bird Treaty

Eight state attorneys general filed a legal challenge Wednesday to the Trump administration's bid to dramatically weaken the Migratory Bird Treaty Act, a century-old law established to protect birds. The lawsuit, led by New York Attorney General Barbara Underwood, and supported by Maryland, New Jersey, Illinois, Massachusetts, Oregon, California and New Mexico, is an effort to stop the Interior Department from fully implementing a directive to its law enforcement division to forgive mass bird kills, even when the animals are threatened or endangered.In accordance with a new interpretation of the act issued in April, the department informed its wildlife police that the slaughter “of birds resulting from an activity is not prohibited . . . when the underlying purpose of that activity is not to take birds.” For example, the guidance said, a person who destroys a structure such as a barn knowing that it is full of baby owls in nests is not liable for killing them. “All that is relevant is that the landowner undertook an action that did not have the killing of barn owls as its purpose,” the opinion said.An even broader interpretation by the administration held that the act would no longer apply even in a catastrophe such as the Deepwater Horizon oil spill that injured and killed up to a million birds. Interior would pursue penalties under the Natural Resources Damage Assessment program, which is not specific to birds, and ignore penalties that could be levied under the act.