In a move with potential implications for oil, natural gas, and electric infrastructure, the US Interior Department said on 29 September that it will tighten restrictions protecting migrating birds earlier weakened by the Trump administration.
The Trump administration had "limited the scope" of the Migratory Bird Treaty Act (MBTA), a statute aimed at protecting bird populations, Interior said in a statement. The Biden administration's final rule, which would be published on 4 October in the Federal Register, scraps the Trump-era regulation but does not replace it. The new rule would become effective 60 days after its publication.
"We will introduce new policies in the future, including a proposed regulation codifying an interpretation of the MBTA that prohibits incidental take and potentially a regulatory framework for the issuance of permits to authorize incidental take," Interior said in the rule.
The US Fish and Wildlife Service, an Interior agency, also intends to publish an advance notice of proposed rulemaking to gather information necessary to potentially hatch new bird protections. Additionally, Interior will issue a director's order to clarify how the federal government will use its resources to uphold previous interpretations of the law.
The new approach has potential to affect permitting and conditions on construction for a wide range of energy projects, including renewable energy sources, such as wind and solar projects, oil and gas pipelines, and transmission lines.
The American Petroleum Institute, citing 2017 Fish and Wildlife Service (FWS) data, noted that natural gas and oil operations are "not a primary threat to bird population," pledging to support policies that "enhance environmental protection and safe, responsible energy development." As of 2017, collisions with electrical lines contributed to an estimated 25.5 million average bird deaths annually, compared with 750,000 associated with oil pits and 234,000 deaths associated with collisions with land-based wind turbines, according to FWS.
"This rule revocation eliminates statutorily justified clarity and certainty that will impact industry and American consumers alike," API Senior Policy Advisor Amy Emmert said in an email. "We look forward to reviewing the director's order and working with DOI throughout this process to maintain the original intent of the MBTA."
The Interstate Natural Gas Association of America and the American Clean Power Association did not immediately reply to queries for comment on the Interior announcement.