The Migratory Bird Treaty Act (MBTA) is one of the country’s oldest environmental laws, prohibits the intentional killing of migratory birds — through poaching, for example — and also had prohibited incidental taking of migratory birds until the Trump administration jettisoned that provision of the Act. The prohibition on incidental taking is what allowed the U.S. government to fine BP $100 million for the accidental killing of hundreds of thousands of birds, resulting from BP’s oil spill in the Gulf Coast in 2010.

Oil and gas wells, thousands of miles of gas and water pipelines, new roads, and electrical lines on public lands have had major adverse impacts on migratory birds, such as the loss of nesting sites for ferruginous hawks, kestrels, owls, and other raptors. BLM further compounded those risks by removing key restrictions on drilling and other work during bird breeding and nesting periods.