The New York Times: “A new interpretation of the Migratory Bird Treaty Act in 2017 means that as of now, companies are no longer subject to prosecution or fines even after a disaster like the Deepwater Horizon oil spill in 2010 that destroyed or injured about one million birds and for which BP paid $100 million in fines…Across the country birds have been killed and nests destroyed by oil spills, construction crews and chemical contamination, all with no response from the federal government, according to emails, memos and other documents viewed by The New York Times. Not only has the administration stopped investigating most bird deaths, the documents show, it has discouraged local governments and businesses from taking precautionary measures to protect birds…”

• See also links to a DOI memorandum (Dec. 22, 2017): https://www.doi.gov/sites/doi.gov/files/uploads/m-37050.pdf (concluding that Migratory Bird Treaty Act does not prohibit incidental take)