Author Topic: Court restores criminal sanctions for accidental killing of migratory birds  (Read 1466 times)

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Offline Smokin Joe

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Court restores criminal sanctions for accidental killing of migratory birds

https://www.ogj.com/general-interest/government/article/14181748/court-restores-criminal-sanctions-for-accidental-killing-of-migratory-birds?utm_source=OGJ+Daily&utm_medium=email&utm_campaign=CPS200817023&o_eid=0652I4090734J1O&rdx.ident%5Bpull%5D=omeda%7C0652I4090734J1O&oly_enc_id=0652I4090734J1O 

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Oil companies must once again worry about criminal penalties for allowing migratory birds to die in oil waste ponds at well sites or refineries.

A federal judge ruled Aug. 11 that the Trump administration was wrong to assume that the prohibitions of the Migratory Bird Treaty Act (MBTA) apply only to intentional killing of birds, not to accidental avian deaths resulting from such things as normal business operations.

For oil companies, such accidental killings—or “incidental take,” in legal jargon—can occur when the companies fail to cover waste pits with netting to keep birds out. Oily waste can look like a water pond to a bird, which may land in oily waste, become mired and die.

Of course, this doesn't include the wind farms....but even more interesting:

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A recent summary by the US Fish and Wildlife Service on annual US bird mortality listed: 2.4 billion killed by cats; 599 million killed by collisions with building glass; 214.5 million killed by vehicles; 72 million killed by pesticides and other toxins; 25.5 million killed by collisions with electrical lines; 6.6 million killed by collisions with communications towers; 5.6 million electrocuted; 750,000 killed in oil pits; 234,000 killed by wind turbines.

Not sure where all those birds are dying. In the drilling end, at least in the Williston Basin, reserve pits for drilling operations have been pretty much done away with, and the wind farm total seems off, too.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline Joe Wooten

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There's a lot more windmills than oil pits. THose numbers for the windmills seem a little low.

Offline Smokin Joe

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There's a lot more windmills than oil pits. THose numbers for the windmills seem a little low.
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For the record: An Interior Department spokeswoman said a recent United States Geological Survey published in peer-reviewed scientific journals estimated the number could be as high as 689,000 bird deaths a year caused by wind turbines, not including Alaska and Hawaii. Including all 50 states and taking into account the growth of the industry as well as increased blade size, “the number could very reasonably be about 750,000,” a spokeswoman said. She did not provide an actual copy of that report.
https://www.axios.com/fact-checking-zinkes-bird-death-claim-1520379825-0dbede05-9934-42f6-988b-58c9e3fbe280.html

By contrast,

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Based on Forensics Laboratory and USFWS field data, oil pits currently cause the deaths of 500,000-1 million birds per year. Although law enforcement and industry efforts have produced genuine progress on this issue, oil pits remain a significant source of mortality for birds in the United States.
https://www.researchgate.net/publication/6805311_Avian_Mortality_at_Oil_Pits_in_the_United_States_A_Review_of_the_Problem_and_Efforts_for_Its_SolutionAvian Mortality at Oil Pits in the United States: A Review of the Problem and Efforts for Its Solution

    November 2006Environmental Management 38(4):532-44

DOI: 10.1007/s00267-005-0201-7

    SourcePubMed

Frankly, although I realize it is a large industry  and covers a lot of different production situations, when the USFWS was gunning for operators in the Williston Basin, they found a whopping seven birds in over 6000 sites. (and wanted to prosecute, hold industry chiefs for several oil companies personally responsible, subject to jail time and fines into seven figures, over seven birds, an action dismissed in Federal Court)

This total number appears to be grossly inflated to me  based on my experiences in ND and MT, and does not seem to be in accordance with observations made in WY, UT, CO, NV, or SD either. My experience in Texas is limited to a small part of the Permian Basin, so I really do not think that gives me much room to speak to that state. The 900,000 active oil and gas wells would have to each be killing a protected bird annually,and many of those wells are gas wells which have no oil pit. Production facilities in the states I mentioned are commonly under BLM (Bureau of Land Management) jurisdiction and open pits aren't common. Instead during drilling, closed systems are required for oil based drilling fluids, and produced oil or water is kept in tanks which are not open. Because of activity, deck gratings, active solids control equipment, etc., birds are highly unlikely to land on mud tanks on a drilling rig.  Some do succumb to H2S gas, gut the scenario offered is a La Brea Tar pit model of landing in oil thinking it was water and not being able to fly out.
« Last Edit: August 23, 2020, 01:02:52 pm by Smokin Joe »
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline sneakypete

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Of course, this doesn't include the wind farms....but even more interesting:

If something as simple as a net can prevent this from happening,I am all for it.

As for the windfarms,I know there are charges they kill many migratory birds like ducks,but I don't honestly see how this is possible. They don't stick up in the air anywhere near the height that migrating  fowl fly,and even if/when birds get that low,the blades are BIG-ass SOB's that turn VERY slowly,that your granny can spot from a half-mile away,never mind the eye of birds that live their lives on the look-out for predatory birds like hawks.

I just think the wind farm charges are Bull Bush.
« Last Edit: August 23, 2020, 01:46:26 pm by sneakypete »
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Offline Smokin Joe

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If something as simple as a net can prevent this from happening,I am all for it.

As for the windfarms,I know there are charges they kill many migratory birds like ducks,but I don't honestly see how this is possible. They don't stick up in the air anywhere near the height that migrating  fowl fly,and even if/when birds get that low,the blades are BIG-ass SOB's that turn VERY slowly,that your granny can spot from a half-mile away,never mind the eye of birds that live their lives on the look-out for predatory birds like hawks.

I just think the wind farm charges are Bull Bush.
When we had open pits, (some years ago, they disappeared during the earlier part of the Bakken Boom up here) there were commonly what I call 'used car dealer flags' strung across the pits. These seemed to be highly effective in keeping birds out, by frightening them away.

I would like to see the methodology used in arriving at the number for the oil industry, because if, after surveying 6,000 production and drilling sites in ND, only 7 birds were found, correcting for 900,000 sites at that rate would only be 1,050 dead birds, not a million.

The whole 'landing in water mistaking it for water' thing is something straight out of the description of how birds got trapped at La Brea in the tar pits.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline sneakypete

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The whole 'landing in water mistaking it for water' thing is something straight out of the description of how birds got trapped at La Brea in the tar pits.

@Smokin Joe

Doesn't seem likely to me,either. There are very few creatures in this world,if any,and that have eyes sharper than the eyes of birds.
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Offline IsailedawayfromFR

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This judge was hired by Mueller as General Counsel of the FBI and directed the FBI to limit the interrogation of Guantanamo prisoners.

Tells one volumes of what type of despicable character she is to subvert the protection of this country from those who wish to kill us.  Also tells us why Obama wanted her as a federal judge.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Online Cyber Liberty

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@Smokin Joe

Doesn't seem likely to me,either. There are very few creatures in this world,if any,and that have eyes sharper than the eyes of birds.

It depends on what they're looking for.  From what I've read, the bird-choppers are particularly hard on the Raptors because they are looking for prey, not moving "trees."
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Online Hoodat

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We find pieces of dead birds all the time on our platform.  But then we have predatory sea hawks hanging around.

**Newsflash**  -  Birds kill birds

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Offline sneakypete

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It depends on what they're looking for.  From what I've read, the bird-choppers are particularly hard on the Raptors because they are looking for prey, not moving "trees."

@Cyber Liberty

Maybe,but they have adapted to other environmental changes,and I am sure they will adapt to this one.

ESPECIALLY since NOT adapting to it means in-air collisions. Avoiding in-air collisions is pretty basic stuff for birds.

Yeah,birds occasionally get hit by aircraft,but aircraft are moving objects,and move one HELL of a lot faster than the blades on wind generators.
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Online Cyber Liberty

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@Cyber Liberty

Maybe,but they have adapted to other environmental changes,and I am sure they will adapt to this one.

ESPECIALLY since NOT adapting to it means in-air collisions. Avoiding in-air collisions is pretty basic stuff for birds.

Yeah,birds occasionally get hit by aircraft,but aircraft are moving objects,and move one HELL of a lot faster than the blades on wind generators.

The California Condor has evolved itself out of existence through the choppers.  I remember when the wackos used to get upset about this.   :shrug:
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
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Offline LegalAmerican

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Oh Yeah. From my other site. It is on twitter, which I can't post. Birds are protected, not people. Crimes against birds..NOT HUMAN BEINGS.   See, relevant, then I prove it out.
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Offline sneakypete

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The California Condor has evolved itself out of existence through the choppers.  I remember when the wackos used to get upset about this.   :shrug:

@Cyber Liberty

To be fair,weren't they closer to being buzzards than birds? Big,slow,and stupid.
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Online Cyber Liberty

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@Cyber Liberty

To be fair,weren't they closer to being buzzards than birds? Big,slow,and stupid.

Didn't matter back in the day.  The Condor was an excellent club to beat Capitalists with, back before they got inconvenient to the Globull Warming faction of the Rat party.  Now they are just Passenger Pigeons.
For unvaccinated, we are looking at a winter of severe illness and death — if you’re unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm. Sloe Joe Biteme 12/16
I will NOT comply.
 
Castillo del Cyber Autonomous Zone ~~~~~>                          :dontfeed: