Bette Grande, Chief Executive Officer, Roughrider Policy Center: “Clarifying the scope of the Migratory Bird Treaty Act is long overdue. Agenda driven politicians have stretched the MBTA to punish industry and citizens they don’t like. In 2011, the U.S. Attorney for North Dakota used the MBTA to sue three oil companies over the deaths of six ducks that were found dead at drilling locations and issued arrest warrants for individuals at the three companies. The charges were thrown out, but only after significant cost and uncertainty.
While the intent of the MBTA early last century is laudable, the provisions have been increasingly interpreted and enforced on ideological grounds. Picking winners and losers by selective interpretation must end. The power of the federal government and the creative interpretation of federal policy has a chilling effect on business and threatens the liberty of our citizens.
The broad interpretation of ‘take’ that disregards ‘intent’ moves the MBTA far beyond the intent of Congress. Unchecked, it will continue to burden our economy and the American people with increased costs, decreased efficiency and the prospect of criminal charges for lawful activity that results in unintended consequences.”
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