Trump moves to relax rules against killing migratory birds. (Dino Grandoni & Maxine Joselow, WaPo, March 11, 2025)

Things are getting curiouser and curiouser. 

The Migratory Bird Treaty Act of 1918 protects bald eagles and other migratory birds against those who would take, kill or molest them.  Some 1100 species are legally protected, which was the response of our Congress and President Woodrow Wilson to the willful heedless destruction of migratory birds, some now extinct, killed by the millions for profit.  (Our reform former County Commissioner Ben Rich, Sr. is a former federal environmental crimes investigator and a former United States Marshal, who once investigated a United States Magistrate in Maryland who illegally imported scrimshaw from Europe.)

Now, President DONALD JOHN TRUMP wants to gut the enforcement of The Migratory Bird Treaty Act of 1918, at the behest of Big Oil and other corporate predators and campaign contributors. We will just see about that. Federal Courts will decide whether DJT's deacon is lawful.

Background: We, the People, here in St. Augustine and St. Johns County, Florida support effective prosecution of laws against environmental crimes. In October 2001, the late local landowner PIERRE THOMPSON, grandson of Henry Flagler's frontman who founded the St. Augustine Record, ordered a bald eagle nest tree on Fish Island cut down. Two witnesses who lived nearby told him that there were bald eagles living in the tree. THOMPSON lied and denied it.  I wrote about THOMPSON's environmental crime in a small tabloid non-profit, citizen-run local newspaper, published irregularly, which was called The Collective Press, published by my friend Sumner Gray. Our article had a photo of a bald eagle staring at THOMPSON, with the headline, "J'accuse!"(Our investigative reporting and persistence eventually helped lead to a federal criminal prosecution under the Migratory Bird Treaty Act.  Federal court records show that the case of United States of America v. Thompson Brothers Realty, Case 3:07-cr-00067-TEM Case 3:07-cr-00067-TEM (Filed 03/30/07) was resolved by plea bargain, inter alia placing the defendant, Thompson Brothers Realty, Inc., on probation, and with payment of some $300,000 and some sixteen acres of land, which is now part of our Fish Island Park in St. Augustine, the rest of which was acquired using funds from Florida Forever (a law that our friend Isaac Henry Dean helped to write, working with two University of Florida environmental law professors and environmental groups.)   The criminal information brought by the United States Attorney for the Middle District of Florida was filed March 30, 2007.

More here: https://cleanupcityofstaugustine.blogspot.com/2008/11/florida-times-union-convicted-developer.html

DEVELOPER PIERRE THOMPSON, WHO ORDERED EAGLE NEST TREE CUT DOWN ON OCTOBER 8, 2001

https://cleanupcityofstaugustine.blogspot.com/2008/11/florida-times-union-convicted-developer.html

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(See below the March 11, 2025 Washington Post article for the complete docket sheet from PACER).

Trump moves to relax rules against killing migratory birds

The Interior Department suspended a legal opinion holding companies liable for accidentally killing ducks, cranes, pelicans, owls and other bird species.

March 10, 2025 at 7:22 p.m. EDTToday at 7:22 p.m. EDT

4 min

Migratory birds fly over the Tidal Basin in Washington last week. (Amanda Andrade-Rhoades/For The Washington Post)

By Dino Grandoni

 and 

Maxine Joselow

The Interior Department has suspended a legal opinion that held companies liable for accidentally killing ducks, cranes, pelicans, owls and hundreds of other bird species.

In a memorandum dated Feb. 28 but posted online in recent days, Interior’s acting chief lawyer suspended every legal opinion issued by the Biden administration, including one that subjected companies to penalties for accidentally killing birds through activities such as oil and gas drilling, wind energy production, mining or construction.

The move delivers a win to the oil and gas industry, which has argued that the government has unfairly punished companies that never intended to harm birds. But it has sparked alarm from conservationists who warn that bird populations are already plunging because of climate change and human encroachment into their habitats.

“This is going to affect a significant number of migratory birds, and we’re already seeing plummeting populations of certain species,” said Tara Zuardo, a lawyer at the Center for Biological Diversity, an environmental group. “This is big.”

Scott Lauermann, a spokesman for the American Petroleum Institute, the top lobbying arm for the U.S. oil and gas sector, said in an email, “Our industry is committed to the protection of migratory birds, and we look forward to working with the Department of the Interior to advance common sense policies that both protect wildlife and support American energy dominance.”

The move modifies the government’s interpretation of the Migratory Bird Treaty Act, which prohibits unauthorized “take” of hundreds of bird species — regulatory-speak for hunting, killing, capturing, selling or otherwise hurting the animals.

The oil tycoon Harold Hamm, who helped raise millions of dollars for Trump’s 2024 campaign, has long criticized penalties under the landmark law.

The issue is personal for Hamm, the billionaire founder of Continental Resources. In 2011, the U.S. attorney in North Dakota brought criminal misdemeanor charges against seven oil companies, including Hamm’s, for failing to prevent 28 migratory birds from dying in waste ponds. The companies faced maximum fines of $15,000 per bird. (In Continental’s case, the feathered victim was a Say’s phoebe, a type of flycatcher.)

A Continental spokeswoman did not immediately respond to a request for comment.

Passed in 1918, the Migratory Bird Treaty Act is one of the nation’s oldest environmental laws. Congress acted after the disappearance of several once-common birds such as the passenger pigeon.

“Obviously, wind turbines can be a risk to migratory birds,” said Andrew Carter, director of conservation policy at Defenders of Wildlife, an environmental group. “Renewable energy is important, and it can be done in a way that respects that these birds have to be protected.”

During Trump’s first term, Interior clipped the wings of the Migratory Bird Treaty Act by limiting prosecution to those who purposefully killed birds. But a federal judge struck down that decision in 2020.

Referring to Harper Lee’s famous novel, U.S. District Judge Valerie E. Caproni wrote: “It is not only a sin to kill a mockingbird, it is also a crime. … But if the Department of the Interior has its way, many mockingbirds and other migratory birds that delight people and support ecosystems throughout the country will be killed without legal consequence.”

In 2021, President Joe Biden’s administration reversed the Trump rule.

“This is such a long-standing issue that has kind of ping-ponged over the last three or four administrations,” said John Leshy, who served as Interior’s solicitor under President Bill Clinton.

The memorandum revoking Biden-era legal opinions was signed by Gregory Zerzan, a senior adviser at Interior who has been exercising the authority of solicitor. It suspends 20 opinions pending a review of whether they should be “reinstated, modified or revoked.” The other opinions touch on issues as varied as mining waste, wildlife refuges and Alaska Native villages.

“The Department of the Interior has temporarily suspended certain legal opinions issued under the previous administration to allow for a comprehensive review,” Interior spokeswoman Elizabeth Peace said in an email. “This is a routine process that ensures alignment with President Donald J. Trump’s policy priorities. We will provide further updates as the review progresses.”

What readers are saying

The comments overwhelmingly express outrage and disdain for the Interior Department's decision to suspend legal opinions holding companies liable for accidentally killing migratory birds. Many commenters criticize the Trump administration, accusing it of prioritizing corporate... Show more

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By Dino Grandoni

Dino Grandoni is a reporter covering wildlife, biodiversity and other climate and environmental issues. He is the author of Animalia, a column exploring the strange and fascinating world of animals.follow on X@dino_grandoni

By Maxine Joselow

Maxine Joselow is a staff writer who covers climate change and the environment, with a focus on U.S. climate policy and politics. Send her secure tips on Signal at MaxineJ.55follow on X@maxinejoselow

Here's the complete docket sheet in the federal case of United States of America v. Thompson Brothers Realty, Inc.:

U.S. District Court
Middle District of Florida (Jacksonville)
CRIMINAL DOCKET FOR CASE #: 3:07-cr-00067-TEM All Defendants

Case title: USA v. Thompson Bros. Realty, Inc.

Date Filed: 03/30/2007  Date Terminated: 03/21/2008

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Assigned to: Magistrate Judge Thomas E. Morris
Defendant (1)
Thompson Bros. Realty, Inc. TERMINATED: 03/21/2008	represented by	Charles P. Pillans , III  Bedell, Dittmar, DeVault, Pillans & Coxe, PA  The Bedell Bldg  101 E Adams St  Jacksonville, FL 32202  904/353-0211  Fax: 904/353-9307  Email: cpp@bedellfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Oliver David Barksdale  Bedell, Dittmar, DeVault, Pillans & Coxe, PA  The Bedell Bldg  101 E Adams St  Jacksonville, FL 32202  904/353-0211  Fax: 904/353-9307  Email: ODB@Bedellfirm.com ATTORNEY TO BE NOTICED Designation: Retained
Pending Counts		Disposition
16:668A.M USE OF BALD AND GOLDEN EAGLE FOR SCIENTIFIC PURPOSES (1)		Probation: 6 months; Special Assessment: $125.00; Fine: $143,887.90
Highest Offense Level (Opening)
Misdemeanor
Terminated Counts		Disposition
None
Highest Offense Level (Terminated)
None
Complaints		Disposition
None

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Plaintiff
USA	represented by	John Sciortino  US Attorney's Office - FLM  Suite 700  300 N Hogan St  Jacksonville, FL 32202  904/301-6300  Fax: 904-301-6310  Email: john.sciortino@usdoj.gov TERMINATED: 11/10/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Mac D. Heavener , III  US Attorney's Office - FLM  Suite 700  300 N Hogan St  Jacksonville, FL 32202  904/301-6300  Email: Mac.Heavener@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
03/30/2007	1	INFORMATION as to Thompson Bros. Realty, Inc. (1) count(s) 1. (JLM, ) (Entered: 04/02/2007)
03/30/2007	2	MOTION for issuance of summons by USA as to Thompson Bros. Realty, Inc. (JLM, ) (Entered: 04/02/2007)
04/02/2007	3	NOTICE of attorney appearance: Oliver David Barksdale appearing for Thompson Bros. Realty, Inc. (Barksdale, Oliver) (Entered: 04/02/2007)
04/02/2007	4	NOTICE of attorney appearance: Charles P. Pillans, III appearing for Thompson Bros. Realty, Inc. (Pillans, Charles) (Entered: 04/02/2007)
04/04/2007	5	ORDER granting 2 motion for issuance as to Thompson Bros. Realty, Inc. (1). Signed by Judge Thomas E. Morris on 4/3/2007. (PAM ) (Entered: 04/04/2007)
04/12/2007	7	WAIVER of personal appearance at arraignment and entry of plea of not guilty by Thompson Bros. Realty, Inc. (Barksdale, Oliver) (Entered: 04/12/2007)
04/17/2007	8	Minute Entry for proceedings held before Judge Thomas E. Morris :INITIAL appearance as to Thompson Bros. Realty, Inc. held on 4/17/2007, ARRAIGNMENT as to Thompson Bros. Realty, Inc. (1) Count 1 held on 4/17/2007. Defendant(s) pled not guilty. (DIGITAL) (cjh ) Additional attachment(s) added on 4/20/2007 (cjh, ). (Entered: 04/20/2007)
04/17/2007	9	NOTICE of acceptance of general discovery by Thompson Bros. Realty, Inc. (cjh ) (Entered: 04/20/2007)
04/20/2007	10	STANDING ORDER as to Thompson Bros. Realty, Inc. Status Conference set for 5/21/2007 at 04:00 PM in Courtroom 10 B before Judge Timothy J. Corrigan. Jury Trial set for 6/4/2007 at 09:00 AM in Courtroom 10 B before Judge Timothy J. Corrigan. Discovery/Dispositive motions due by 4/27/2007 Signed by Deputy Clerk on 4/20/2007. (cjh ) (Entered: 04/20/2007)
04/26/2007	11	ORDER OF RECUSAL in case as to Thompson Bros. Realty, Inc. Judge Timothy J. Corrigan recused. Signed by Judge Timothy J. Corrigan on 4/26/2007. (JMAP, ) (Entered: 04/26/2007)
04/27/2007	12	Case as to Thompson Bros. Realty, Inc. Reassigned to Judge Virginia M. Hernandez Covington. New case number: 3:07-cr-67-J-33TEM. (PAM ) (Entered: 04/27/2007)
05/01/2007	13	NOTICE OF RESCHEDULING HEARING: The Status Conference hearing previously scheduled for May 21, 2007 is rescheduled as to Thompson Bros. Realty, Inc. New hearing date and Time: Status Conference set for 5/10/2007 at 10:30 AM in Courtroom 10 D before Judge Virginia M. Hernandez Covington. (DTS) (Entered: 05/01/2007)
05/10/2007	14	Minute Entry for proceedings held before Judge Virginia M. Hernandez Covington :STATUS conference as to Thompson Bros. Realty, Inc. held on 5/10/2007 Court Reporter: Marie Splane (DTS) (Entered: 05/14/2007)
06/06/2007	15	Unopposed MOTION to continue Trial by Thompson Bros. Realty, Inc.. (Barksdale, Oliver) (Entered: 06/06/2007)
06/07/2007	16	ORDER granting 15 Motion to continue as to Thompson Bros. Realty, Inc.. Signed by Judge Virginia M. Hernandez Covington on 6/7/2007. Status conference reset for July 12, 2007 at 10:30 a.m. Jury trial reset for August 6, 2007 at 9:30 a.m. in Courtroom 10D. (DTS) (Entered: 06/07/2007)
06/20/2007	17	NOTICE OF HEARING as to Thompson Bros. Realty, Inc.. Status/Change of Plea Hearing set for 7/5/2007 at 11:00 AM in Courtroom 5 B before Magistrate Judge Thomas E. Morris. (cjh ) (Entered: 06/20/2007)
06/27/2007	18	NOTICE OF RESETTING HEARING as to Thompson Bros. Realty, Inc.. re: 17 Notice of hearing reset Status/Change of Plea Hearing for 7/6/2007 at 02:30 PM in Courtroom 5 B before Magistrate Judge Thomas E. Morris. (cjh) (Entered: 06/27/2007)
07/06/2007	19	Minute Entry for proceedings held before Judge Thomas E. Morris :STATUS conference/possible plea as to Thompson Bros. Realty, Inc. held on 7/6/2007 (DIGITAL) (cjh ) Additional attachment(s) added on 7/9/2007 (cjh, ). (Entered: 07/09/2007)
07/06/2007	20	CONSENT to proceed before a Magistrate Judge in a misdemeanor case by Thompson Bros. Realty, Inc. (cjh ) (Entered: 07/09/2007)
07/06/2007	21	ORAL JOINT MOTION to continue trial by Thompson Bros. Realty, Inc., USA as to Thompson Bros. Realty, Inc.. (cjh ) (Entered: 07/09/2007)
07/06/2007	23	Case as to Thompson Bros. Realty, Inc. Reassigned to Judge Thomas E. Morris. New case number: 3:07-cr-67-J-TEM. Judge Virginia M. Hernandez Covington no longer assigned to the case. (PAM ) (Entered: 07/12/2007)
07/09/2007	22	ORDER as to Thompson Bros. Realty, Inc., Motions terminated as to Thompson Bros. Realty, Inc.: 21 ORAL MOTION to continue trial filed by Thompson Bros. Realty, Inc., USA. Status Conference set for 8/6/2007 at 02:00 PM in Courtroom 5 B before Magistrate Judge Thomas E. Morris. Signed by Judge Thomas E. Morris on 7/9/2007. (cjh ) (Entered: 07/11/2007)
08/06/2007	24	Minute Entry for proceedings held before Judge Thomas E. Morris :STATUS HEARING as to Thompson Bros. Realty, Inc. held on 8/6/2007 (DIGITAL) (cjh ) (Entered: 08/07/2007)
08/06/2007	25	NOTICE OF HEARING as to Thompson Bros. Realty, Inc.. Status/Possible Change of Plea Hearing set for 8/29/2007 at 02:00 PM in Courtroom 5 B before Magistrate Judge Thomas E. Morris. (cjh ) (Entered: 08/07/2007)
08/29/2007	26	Minute Entry for proceedings held before Judge Thomas E. Morris :Status/Possible Plea hearing held on 8/29/2007 as to Thompson Bros. Realty, Inc. (DIGITAL) (cjh ) (Entered: 08/30/2007)
08/29/2007	27	ORAL MOTION to continue status/trial/possible plea hearing, and ORAL MOTION to waive speedy trial through October 15, 2007 by Thompson Bros. Realty, Inc.. (cjh ) (Entered: 08/30/2007)
08/30/2007	28	ORDER as to Thompson Bros. Realty, Inc. Motions terminated as to Thompson Bros. Realty, Inc.: granting 27 ORAL MOTION to continue and ORAL MOTION for speedy trial filed by Thompson Bros. Realty, Inc. Status/Possible Change of Plea Hearing set for 10/2/2007 at 02:00 PM in Courtroom 5 B before Magistrate Judge Thomas E. Morris. Signed by Judge Thomas E. Morris on 8/30/2007. (cjh ) (Entered: 09/06/2007)
09/28/2007	29	Unopposed MOTION to continue Status/Possible Plea Hearing by Thompson Bros. Realty, Inc.. (Barksdale, Oliver) (Entered: 09/28/2007)
10/01/2007	30	ORDER granting 29 Unopposed Motion to continue status/possible plea hearing as to Thompson Bros. Realty, Inc. (1). Case is reset for October 26, 2007 at 10:00 a.m. (SEE ORDER). Signed by Judge Thomas E. Morris on 10/1/2007. (cjh ) (Entered: 10/01/2007)
10/22/2007	31	Unopposed MOTION to continue Status/Possible Plea Hearing by Thompson Bros. Realty, Inc.. (Barksdale, Oliver) (Entered: 10/22/2007)
10/25/2007	32	ORDER granting as to Thompson Bros. Realty, Inc.: 31 Unopposed MOTION to continue Status/Possible Plea Hearing filed by Thompson Bros. Realty, Inc.., ORDER as to Thompson Bros. Realty, Inc. reset Status/Possible Change of Plea Hearing reset for 11/13/2007 at 02:00 PM in Courtroom 5 B before Magistrate Judge Thomas E. Morris. Signed by Judge Thomas E. Morris on 10/25/2007. (cjh ) (Entered: 10/25/2007)
11/13/2007	33	Minute Entry for proceedings held before Magistrate Judge Thomas E. Morris: STATUS/POSSIBLE PLEA HEARING as to Thompson Bros. Realty, Inc. held on 11/13/2007. (DIGITAL) (CJH) (Entered: 11/16/2007)
11/13/2007	34	ORAL JOINT MOTION for waiver of speedy trial through January, 2008 by Thompson Bros. Realty, Inc., USA as to Thompson Bros. Realty, Inc.. (CJH) (Entered: 11/16/2007)
11/19/2007	35	ORDER as to Thompson Bros. Realty, Inc., ( Status/Possible Change of Plea Hearing set for 12/13/2007 at 02:00 PM in Courtroom 5 B before Magistrate Judge Thomas E. Morris.), GRANTING 34 ORAL JOINT MOTION for speedy trial filed by Thompson Bros. Realty, Inc., USA. Signed by Magistrate Judge Thomas E. Morris on 11/16/2007. (CJH) (Entered: 11/19/2007)
12/13/2007	36	Minute Entry for proceedings held before Magistrate Judge Thomas E. Morris: CHANGE of plea hearing as to Thompson Bros. Realty, Inc. held on 12/13/2007. (DIGITAL) (CJH) (Entered: 12/14/2007)
12/13/2007	37	PLEA AGREEMENT re: count(s) One of the Information as to Thompson Bros. Realty, Inc.. Original Plea Agreement returned to Asst. U. S. Attorney on 12/14/2007. (CJH) (Entered: 12/14/2007)
12/17/2007	38	ACCEPTANCE OF PLEA of guilty and adjudication of guilt re: count(s) One of the Information as to Thompson Bros. Realty, Inc. Signed by Magistrate Judge Thomas E. Morris Sentencing set for 3/6/2008 at 02:00PM in Courtroom 5 B before Magistrate Judge Thomas E. Morris. (CJH) Modified on 12/18/2007 to correct text(PAM). (Entered: 12/18/2007)
03/03/2008	39	SENTENCING MEMORANDUM by Thompson Bros. Realty, Inc. (Barksdale, Oliver) Modified on 3/4/2008 (PAM). (Counsel Barksdale notified to use correct case number on future pleadings) (Entered: 03/03/2008)
03/06/2008	40	Minute Entry for proceedings held before Magistrate Judge Thomas E. Morris: SENTENCING held on 3/6/2008 for Thompson Bros. Realty, Inc. (1), Count(s) 1, Probation: 6 months; Special Assessment: $125.00; Fine: $143,887.90. Court Reporter: Shannon Bishop (MK) (Entered: 03/21/2008)
03/21/2008	41	JUDGMENT as to Thompson Bros. Realty, Inc. (1), Count(s) 1, Probation: 6 months; Special Assessment: $125.00; Fine: $143,887.90 Signed by Magistrate Judge Thomas E. Morris on 3/21/2008. (MK) Modified on 11/24/2008 (PAM). (MODIFIED PER ORDER DOC. 49) (Entered: 03/21/2008)
11/06/2008	45	SUMMONS returned executed on 11/6/2008 as to Thompson Bros. Realty, Inc. (PAM) (Entered: 11/06/2008)
11/10/2008	46	NOTICE of attorney appearance Mac D. Heavener, III appearing for USA. (Heavener, Mac) (Entered: 11/10/2008)
11/13/2008	47	Minute Entry for proceedings held before Magistrate Judge Thomas E. Morris: Initial Appearance re Revocation of Probation as to Thompson Bros. Realty, Inc. held on 11/13/2008 Appearance entered by Mac D. Heavener, III for USA, Oliver David Barksdale for Thompson Bros. Realty, Inc., Charles P. Pillans, III for Thompson Bros. Realty, Inc. on behalf of defendant. (DIGITAL) (CJH) (Entered: 11/17/2008)
11/13/2008	48	ORAL MOTION for miscellaneous relief, specifically to extend probation and dismiss petition re 43 Petition on probation and supervised release by Thompson Bros. Realty, Inc.. (CJH) (Entered: 11/17/2008)
11/19/2008	49	ORDER granting 48 Oral Motion to extend probation and dismiss Petition for Warrant or Summons for Offender Under Probation as to Thompson Bros. Realty, Inc. (1) The Petition for Warrant or Summons for Offender Under Probation (Doc. 43) and the Summons issued as to defendant (Doc. 44) are DISMISSED. Defendant's Judgment in a Criminal Case entered March 21, 2008 (Doc. 41) is modified to extend defendant's probation for a period of 12 months to expire on November 5, 2009.. Signed by Magistrate Judge Thomas E. Morris on 11/19/2008, nunc pro tunc to 11/13/2008. (CJH) (Entered: 11/21/2008)
08/14/2009	50	ORDER: It is ordered that the probationer be discharged from probation and that the proceedings in the case be terminated as to Thompson Bros. Realty, Inc. Signed by Magistrate Judge Thomas E. Morris on 8/3/2009. (PAM) (Entered: 08/14/2009)

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