A new interpretation of the Migratory Bird Treaty Act in 2017 means that as of now, companies are no longer subject to prosecution or fines even after a disaster like the Deepwater Horizon oil spill in 2010 that destroyed or injured about one million birds and for which BP paid $100 million in fines.
Credit: Lee Celano/Reuters

WASHINGTON — As the state of Virginia prepared for a major bridge and tunnel expansion in the tidewaters of the Chesapeake Bay last year, engineers understood that the nesting grounds of 25,000 gulls, black skimmers, royal terns and other seabirds were about to be plowed under.

To compensate, they considered developing an artificial island as a haven. Then in June 2018, the Trump administration stepped in. While the federal government “appreciates” the state’s efforts, new rules in Washington had eliminated criminal penalties for “incidental” migratory bird deaths that came in the course of normal business, administration officials advised. Such conservation measures were now “purely voluntary.”