Billion Birds at Risk as U.S. Pushes Final Rule Ahead of Biden

Companies whose wastewater pits, oil spills, and other operations accidentally kill more than 1 billion migratory birds a year could avoid fines under regulations the Interior Department is moving to finalize.

The U.S. Fish and Wildlife Service on Friday published its final environmental review for a proposed rule that would codify a 2017 interpretation of the century-old Migratory Bird Treat Act so that only intentional migratory bird killings would result in fines.

Previous administrations have used the law to fine companies for accidentally killing migratory birds, known as “incidental take.” Attorneys and advocates widely expect the incoming Biden administration to ...