Tuesday, 09 March 2021 16:32

Administration Revokes Opinion That Compromised Key Bird Protections

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(Washington, D.C., March 8, 2021) The current Administration today revoked the controversial m-opinion (Solicitor's Opinion M-37050) that weakened protections for more than 1,000 species under the Migratory Bird Treaty Act. This m-opinion sought to codify a legal opinion that would have ended all enforcement against the predictable and preventable killing of migratory birds from commercial activities. The public will also be invited to comment on revoking a similar rule undermining the Migratory Bird Treaty Act (MBTA) and advancing practices that can reduce bird mortality.

“Migratory birds will greatly benefit from today’s decision,” says Steve Holmer, Vice President of Policy at American Bird Conservancy, which was a plaintiff in the case challenging the m-opinion. “We’ve seen great progress by telecommunications companies, as well as the energy transmission and production industries, to find ways to reduce incidental bird mortality. We appreciate the opportunity to comment in support of making these established best-management practices into standard practices.”

Hundreds of millions of birds are currently migrating north to their breeding grounds but their journeys are ever-more perilous. Collisions with buildings, wind turbines, and communication towers and powerlines are threats to migratory birds. Mortality from each of these sources can be greatly reduced or eliminated using already available mitigation measures. Today’s decision helps reinforce the importance of wildlife conservation.


American Bird Conservancy is a nonprofit organization dedicated to conserving wild birds and their habitats throughout the Americas. With an emphasis on achieving results and working in partnership, we take on the greatest problems facing birds today, innovating and building on rapid advancements in science to halt extinctions, protect habitats, eliminate threats, and build capacity for bird conservation. Find us on abcbirds.org, Facebook, Instagram, and Twitter (@ABCbirds).   

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