Home
/
RELIGION & LIBERTY ONLINE
/
What’s a Few Dead Eagles Between Friends?
What’s a Few Dead Eagles Between Friends?
Dec 2, 2025 2:59 AM

There are currently two sets of laws in America: laws that apply to everyone and laws that apply to everyone except for friends of the Obama administration.

In January I wrote about how the executive branch had argued that the Migratory Bird Treaty Act of 1918 should be broadly interpreted in order to impose criminal liability for actions that indirectly result in a protected bird’s death. The administration used that reasoning to file criminal charges against three panies.

The U.S. District Court of North Dakota rejected this sweeping interpretation of the MBTA and dismissed the charges, noting that the words “kill” and “take” in statute should be interpreted narrowly to mean actions taken with the intent to kill or take a bird, not actions that merely happen to kill or take a bird. The ruling seemed fair-minded but the Department of Justice appealed to the Eighth Circuit Court of Appeals.

While one section of the Obama Administration is arguing that they should be able to prosecute panies (oil and gas) for killing birds another section of the Obama Administration is arguing that panies (wind) should be exempt from prosecution for killing birds.

According to the Associated Press:

Under both the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, the death of a single bird without a permit is illegal.

But under the Obama administration’s new guidelines, panies — and only panies — are held to a different standard. Their facilities don’t face additional scrutiny until they have a “significant adverse impact” on wildlife or habitat. But under both bird protection laws, any impact has to be addressed.

The rare exception for one industry substantially weakened the government’s ability to enforce the law and ignited controversy inside the Interior Department.

“U.S. Fish and Wildlife Service does not do this for the electric utility industry or other industries,” Kevin Kritz, a government wildlife biologist in the Rocky Mountain region wrote in government records in September 2011. “Other industries will want to be judged on a similar standard.”

Well of course other industries will want to be judged by a similar standard. That is a standard requirement of fairness and the rule of law. But the Obama administration isn’t as concerned with the rule of law as they are in letting their friends get their way:

Experts working for the agency in California and Nevada wrote in government records in June 2011 that the new federal guidelines should be considered as though they were put together by corporations, since they modate the renewable energy industry’s proposals, without due accountability.”

The Obama administration, however, repeatedly overruled its experts at the Fish and Wildlife Service. In the end, the wind-energy industry, which was part of mittee that drafted and edited the guidelines, got almost everything it wanted.

“Clearly, there was a bias to wind energy in their favor because they are a renewable source of energy, and justifiably so,” said Rob Manes, who runs the Kansas office for The Nature Conservancy and who served on mittee. “We need renewable energy in this country.”

The government also declared that senior officials in Washington, many of whom are political appointees, must approve any wind-farm prosecution. Normally, law-enforcement agents in the field have the authority to file charges with federal attorneys.

While all big cases are typically cleared through headquarters, such a blanket policy has never been applied to an entire industry, former officials said.

The existence of cronyism isn’t surprising; it’s a natural outgrowth of expansive government. But what is shocking is that the Obama administration has unashamedly embraced cronyism and sneers at the naivety of those who think their friends shouldn’t get special treatment. This new age of crony acceptance may end up being Obama’s most enduring legacy—and dead eagles may be just the beginning of the price America will have to pay.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Protestants and Natural Law, Part 6
If the mon Protestant objection to natural law revolves around sin, as we saw in Part 5, we should now address the second mon objection that natural law is a rival to God and Scripture. Contemporary evangelical critics, such as Carl Henry, object that natural law elevates autonomous human reason above divine revelation. Henry thinks the Thomist doctrine of natural law teaches a universally shared body of moral beliefs that exist independently of divine revelation. This contrasts, he thinks, with...
Environmental News Roundup
Juliet Eilperin, “Bush Pollution Curbs Are Rated Equal to Clinton’s: Science Panel Says Proposed Cap-and-Trade System Will Help Clean Air,” Washington Post, July 24, 2006: The report from the National Academy of Sciences, released yesterday, represents the latest effort to assess how best to reduce air pollution estimated to cause as many as 24,000 premature deaths each year. The panel concluded that an earlier Bush plan would have allowed pollution to increase over a dozen years, but it found that...
Milosz
“…can one build something lasting if the goal is not truth, but power? The few, most penetrating minds of that time understood that what constitutes the sickness of contemporary culture is the repudiation of truth for the sake of action…” Czeslaw Milosz, 1942 ...
How Just Must a Just War Be?
As a follow-up to yesterday’s post about just war, I’m passing along this TCS Daily piece by Prof. Bainbridge, “Just War for the Sake of Argument” (it’s also discussed at The Remedy and Bainbridge’s own blog). Bainbridge’s piece measures the current Lebanon/Israel conflict by the standards of just war, and finds it wanting. He makes the following important point: “Although Catholic scholars and theologians have thus made valuable contributions to the just war tradition down through the centuries, the principles...
Answers to just war questions
After ruminating earlier this week about foreign policy and just war, I asked a series of interrelated questions yesterday about just war. Prof. Bainbridge was kind enough to respond, and offered the critically important distinction between jus ad bellum and jus in bello, that is, justness up to war and justness in war. This gets at the difference between justification for the cause or occasion for war, causus belli, and the way in which that war is conducted. Bainbridge concludes,...
Taking Games Seriously
An article in yesterday’s NYT, “Saving the World, One Video Game at a Time,” by Clive Thompson, gives a good overview of the current trend in the video game industry, especially by nonprofits and activist groups, to create “serious games,” a movement which “has some serious brain power behind it. It is a partnership between advocates and nonprofit groups that are searching for new ways to reach young people, and tech-savvy academics keen to explore video games’ educational potential.” “What...
Seek Dignity? Then, “You Gotta Shake Your MoneyMaker”
The Super MoneyMaker Pressure Pump No, we’re not talking about Elmore James’ Blues hit covered by the likes of George Thorogood, Fleetwood Mac and The Black Crowes nor its racy subject matter. Rather, it’s how members of the other oldest profession in Kenya and Tanzania power the irrigation pumps that extend both their growing season and range of crops. This foot-powered move beyond subsistence farming to much more profitable harvests, such as vegetables, is facilitated by the aptly named MoneyMaker series...
Transcendence and Obsolescence: The Responsible Stewardship of Oil
In this mentary, “Transcendence and Obsolescence: The Responsible Stewardship of Oil,” I ask the question: “Why did God create oil?” I raise the question within the context of debates about global warming and the burning of fossil fuels, including Al Gore’s movie An Inconvenient Truth and the work of the Evangelical Climate Initiative. I argue that nonrenewable resources, especially fossil fuels, “have the created purpose of providing relatively cheap and pervasive sources of energy. These limited and finite resources help...
Secular Universities in Decline?
In his New York Times column this week, Peter Steinfels has an insightful analysis of an intriguing and provocative new book by C. John Sommerville, The Decline of the Secular University. Those who study the history of American academia are familiar with the story of the secularization of universities as recounted expertly by Christian scholars such as George Marsden (The Soul of the American University) and James Burtchaell (The Dying of the Light), who decry the shunting of religion from...
Federal Funding for the Humanities
Hunter Baker, blogging at his new home on the American Spectator Blog (recently added to our blogroll), responds to a post by James G. Poulos, which emphasizes President Bush’s “proposed emphasis on math and science education, to the patent detriment of the humanities.” Says Baker, “Although I am a faithful disciple of the humanities, I often fort in the fact that the majority of students won’t have much exposure to the offerings on hand. Better they remain busy with their...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved