There are currently two sets of laws in America: laws that apply to everyone and laws that apply to everyone except for friends of the Obama administration.
In January I wrote about how the executive branch had argued that the Migratory Bird Treaty Act of 1918 should be broadly interpreted in order to impose criminal liability for actions that indirectly result in a protected bird’s death. The administration used that reasoning to file criminal charges against three energy companies.
The U.S. District Court of North Dakota rejected this sweeping interpretation of the MBTA and dismissed the charges, noting that the words “kill” and “take” in statute should be interpreted narrowly to mean actions taken with the intent to kill or take a bird, not actions that merely happen to kill or take a bird. The ruling seemed fair-minded but the Department of Justice appealed to the Eighth Circuit Court of Appeals.
While one section of the Obama Administration is arguing that they should be able to prosecute energy companies (oil and gas) for killing birds another section of the Obama Administration is arguing that energy companies (wind) should be exempt from prosecution for killing birds.