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'No One Voted to Slaughter Hummingbirds': Trump's DOI Guts Bird Protections, Again
"Trump is breaking the law and flouting a court order by handing the fossil fuel industry and polluters this blank check to kill millions of migratory birds," one advocate said.
Apr 12, 2025
The Trump administration moved on Friday to weaken protections for migratory birds threatened by industrial activities, including oil and gas operations.
Acting Solicitor of the U.S. Department of the Interior (DOI) Gregory Zerzan restored an opinion from the first Trump administration that the Migratory Bird Treaty Act (MBTA) "does not apply to the accidental or incidental taking or killing of migratory birds," despite the fact that this opinion was already ruled illegal in federal court.
"Trump is breaking the law and flouting a court order by handing the fossil fuel industry and polluters this blank check to kill millions of migratory birds," said Tara Zuardo, a senior campaigner at the Center for Biological Diversity. "The United States has lost billions of birds over the past 50 years, and that decline will accelerate horrifically because of this callous, anti-wildlife directive. No one voted to slaughter hummingbirds, cranes, and raptors, but this is the reality of Trump's illegal actions today."
"We're not going to succeed in addressing the crisis facing birds and other wildlife if we let this and other historic rollbacks stand."
The new directive comes as birds in the U.S. are under threat, with their numbers falling by around 30% since 1970. A number of factors are responsible for this decline, among them the climate emergency, habitat loss, falling insect populations, window strikes, and outdoor cats. However, conservationists told The New York Times that industrial activities would be a greater threat if not for the protection the law provides.
For example, Zuardo told the Times that if U.S. President Donald Trump's interpretation of the law had been in effect following BP's Deepwater Horizon oil spill in 2010—which likely killed over 1 million birds—the company would not have been charged the around $100 million in fines that went to support bird conservation after the disaster.
Friday's directive is part of an ongoing effort over the course of both Trump administrations to weaken the MBTA so that it only targets the purposeful killing of birds, dropping enforcement against accidents such as as oil spills, drownings in uncovered oil pits, trappings in open mining pipes, and collisions with power lines or communication towers.
In 2017, lead Interior Department lawyer Daniel Jorjani issued an initial legal opinion claiming the MBTA only covered purposeful killings. This interpretation was struck down by a federal court in 2020, which argued that the act's "clear language" put it in "direct conflict" with the Trump opinion.
This didn't stop the Trump administration from issuing a final rule attempting to enshrine its interpretation of the MBTA at the end of Trump's first term, which was widely decried by bird advocates.
"We're not going to succeed in addressing the crisis facing birds and other wildlife if we let this and other historic rollbacks stand," Erik Schneider, policy manager for the National Audubon Society, said at the time.
However, months into the presidency of Joe Biden, DOI principal deputy solicitor Robert T. Anderson withdrew the initial 2017 Trump administration opinion after an appeals court, following the request of the U.S. government, dismissed the Trump administration's earlier appeal of the 2020 court decision.
"The lower court decision is consistent with the Department of the Interior's long-standing interpretation of the MBTA," Anderson wrote.
Later, the Biden administration also reversed the formal Trump-era rule weakening the MBTA.
Now, in his second term, Trump is coming for the birds again. The Biden-era withdrawal was one of 20 Biden-era opinions that the Trump DOI suspended in March. It was then officially revoked and withdrawn on Friday.
In justifying its decision, Trump's DOI cited the president's January 20 executive order "Unleashing American Energy," which calls on federal agencies to "suspend, revise, or rescind all agency actions identified as unduly burdensome," making it clear the weakening of protections is largely intended to benefit the fossil fuel and mining industries.
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House GOP Accused of Injecting 'MAGA Project 2025 Agenda' Into Funding Bills
"We can see the fingerprints of Project 2025 across each of the majority's appropriations bills," said Democratic Rep. Rosa DeLauro.
Jul 25, 2024
A leading House Democrat on Wednesday accused her Republican colleagues of hijacking the government funding process to pursue a "MAGA Project 2025 Agenda" that aims to further roll back abortion rights, cut education programs, and attack workers and the planet.
"House Republicans are unable and unwilling to govern," said Rep. Rosa DeLauro (D-Conn.), the ranking member of the House Appropriations Committee. "House Democrats are at the table ready to negotiate. The quicker House Republicans realize their extremist agenda cannot become law, the quicker we can get down to the business of the American people."
"This year should have been easier than last. We began the 2025 process—weeks after successfully passing the final 2024 bills—with a top line in place, yet Republicans reneged on it," DeLauro continued. "They wrote partisan bills to further their Trump MAGA Project 2025 Agenda instead of working with Democrats to pass bills that could become law. At every turn, the Republicans are making abortion illegal, eliminating federal support for public education, undermining workers, and disarming America in the face of the climate crisis."
In recent weeks, House Republicans have put forth government funding bills for fiscal year 2025 that would slash the Education Department's budget by $11 billion, curb funding for the understaffed Social Security Administration, and assail climate agencies while boosting offshore drilling and other destructive practices—all of which is consistent with the Heritage Foundation-led Project 2025 agenda.
"Project 2025 advocates for climate and environmental arson. And we can see exactly where the majority has taken its cues from the climate catastrophe manifesto in this bill."
At least 140 people who worked in the administration of former President Donald Trump, the GOP's 2024 presidential nominee, helped craft Project 2025, according to CNN.
The House GOP's appropriations bills stand no chance of becoming law with Democrats controlling the Senate and the White House, but they have offered a preview of what the right-wing party is likely to do if it wins control of Congress and Trump secures another term in November.
Currently, Republicans "find themselves in a stalemate of their own doing," The Washington Post reported Thursday, "even after House Speaker Mike Johnson (R-La.) pledged to pass all 12 bills before their monthlong break from Washington in August." So far, the House has only passed five of the 12 bills.
On Tuesday, following hours of debate, House Republicans abruptly pulled a federal energy and water funding bill from the floor and the party's leadership decided to begin August recess a week early, starting on Thursday. Politico reported that the withdrawn bill would have revoked the Energy Department's pause on new permit approvals for liquefied natural gas exports and "cut funding for efficiency and renewable energy programs."
House Republicans were able to pass funding legislation for the Interior Department and Environmental Protection Agency (EPA) on Wednesday. Just one Democrat, Rep. Vicente Gonzalez (D-Texas), voted for the bill, which is dead on arrival in the Senate.
As E&E News reported:
The legislation's $38.5 billion top line is about $72 million below the fiscal 2024 level. EPA's budget would shrink by $1.8 billion, with significant cuts to agency programs focused on science and technology, environmental justice, and chemical risk reviews. The Superfund cleanup program and the Diesel Emissions Reduction Program would see higher budget lines.
Interior funding would drop by $42 million, in part because of cuts to offices such as the Bureau of Land Management, the Bureau of Ocean Energy Management, and the National Park Service.
In a floor speech earlier this week opposing the legislation, DeLauro said that "rather than making sound investments to protect our air and water, preserve our National Parks, and ensure the environment we all share and live in remains clean and protected, the majority's bill benefits the most egregious polluters and climate science deniers, jeopardizes public health and safety, hinders our responses to the climate crisis, and endangers rural and low-income communities."
"This disastrous proposal did not come out of nowhere," she continued. "This is explicitly where the majority wants to take the country. Project 2025 is the Trump MAGA Republican agenda to take over the government and destroy our rights and freedoms. But it is not just a document on a website—we can see the fingerprints of Project 2025 across each of the majority's appropriations bills."
"In short, Project 2025 advocates for climate and environmental arson," DeLauro added. "And we can see exactly where the majority has taken its cues from the climate catastrophe manifesto in this bill."
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GOP Attack on Biodiversity, Climate 'Sticks Finger in the Eye of American People'
Critics of a House appropriations bill that guts environmental agencies warn it's a sign of what the Republicans will do if they retake the Senate and the presidency next year.
Jun 28, 2024
Democrats and watchdog groups reacted with outrage on Friday as a U.S. House environmental subcommittee led by Republicans approved an appropriations bill that would reduce funding for two federal agencies and limit their ability to protect the environment.
The House Appropriations Interior, Environment, and Related Agencies Subcommittee voted to advance a bill to weaken the regulatory capacities of the Department of the Interior and the Environmental Protection Agency (EPA), cutting funding for conservation, climate action, national parks, and environmental justice initiatives.
"This bill sticks a finger in the eye of the American people who care deeply about clean air, climate change, endangered species, and responsible use of public lands," said Greta Anderson, deputy director of Western Watersheds Project. "It's a nasty wishlist to defund the priorities of protecting a livable future."
The fiscal year 2025 bill proposes a 20% cut to the EPA's annual budget, from $9.2 billion to $7.4 billion, including a $749 million cut to state and tribal assistance grants. It also proposes reductions to many Interior agency budgets, including a $210 million cut to the National Park Service and a $144 million cut to the U.S. Fish and Wildlife Service.
Taking aim at the government's ability to regulate industry, most of the Republicans' spending allocations are below fiscal year 2024 and almost all of them are below the amount requested by the Biden administration.
Rep. Chellie Pingree (D-Maine), the subcommittee's ranking Democrat, said in a statement that the proposed EPA cut was "irresponsible" and that she was "greatly disappointed and frustrated" by the bill, which "completely disregards the reality of a warming planet and ignores the need for us to do more, not less."
Pingree's Democratic colleague, Rep. Rosa DeLauro (D-Conn.), the ranking member of the full appropriations committee, agreed.
The bill "promotes dirty energy, taking the side of fossil fuel companies and those who deny the scientific reality rather than address the escalating risk to our economy and national security presented by the changing climate and growing number of extreme weather events," DeLauro said in the statement.
Critics of the bill also objected to the large number of "poison-pill" riders that seek to undo Biden administration rules and undermine the Endangered Species Act by naming specific animals for which listing can't be funded. Per a Trump-era Interior rule, the legislation also delists most gray wolf populations from the ESA.
"This proposal is a hatchet job of disastrous proportion that in an unprecedented scale, targets our nation's most imperiled species and the law saving them from extinction," Robert Dewey, vice president of government relations at Defenders of Wildlife, said in a statement.
The Republicans' bill includes proposed reductions to funding for clean water infrastructure projects, which Food and Water Watch (FWW) said was a step in the wrong direction—water and sewer systems need huge infusions of money just to meet current water quality standards.
"The proposed cuts would leave many with unsafe water and exacerbate the nation’s water affordability crisis, adding more pressure on household water bills at a time when families are already grappling with soaring costs for essential services," Mary Grant, a FWW campaign director, said in a statement, calling safe water "non-negotiable."
Grant said that to safeguard Americans' clean water from "foolishly political annual appropriations battles," Congress should pass the Water Affordability, Transparency, Equity, And Reliability (WATER) Act—a call she also made last year, when the same subcommittee advanced a similar bill.
The full appropriations committee will consider the bill on July 9. If the bill passes through the committee and then the full chamber, as last year's version did, it's unlikely to make headway in the Democratic-controlled U.S. Senate. However, critics of the bill warned that it's a sign of what the Republicans will do if they retake the Senate and the presidency.
Earlier this month, presumptive Republican nominee Donald Trump said that he plans to gut federal agencies dealing with climate, such as the Interior Department. A union of EPA workers rebuked Trump for the remarks.
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