The Migratory Bird Treaty Act has protected billions of North American birds for over a century, but faces ongoing challenges from industrial activities that kill birds incidentally.
Birds electrocuted on power lines die from burns and cardiac arrest. Birds that land in oil pits become coated in oil, losing insulating feathers, ingesting toxins, and drowning over hours. Each individual bird death represents acute suffering that MBTA protections have historically reduced through compliance incentives. Weakening of incidental take liability removes the regulatory pressure that motivated industry investment in bird-safe power line markers, pit covers, and transmission tower designs. The scale of incidental take — hundreds of millions of birds annually — makes regulatory frameworks essential.