Home
/
RELIGION & LIBERTY ONLINE
/
What’s a Few Dead Eagles Between Friends?
What’s a Few Dead Eagles Between Friends?
Jan 20, 2026 12:46 PM

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
When a labor union gets upset about job-stealing goats
While the rest of nation continues to fret about various threats to labor demand — whether from technology, trade, or immigration — an influential labor union is worrying about goats. Yes, goats. In a surreal set of circumstances that seems closer to Bastiatian satire than actual reality, the American Federation of State, County and Municipal Employees (AFSCME) has filed a grievance against Western Michigan University for hiring a herd of goats to clear undergrowth on campus land. From the Battle...
Saving Charlie Gard
“The case of 11-month-old Charlie Gard continues to garner international attention and pleas for his life from Donald Trump and Pope Francis,” says Anne Rathbone Bradley in this week’s Acton Commentary. “Cases like Charlie’s, while exceptional and rare, are important because they establish precedents regarding the relationship between the individual and the state.” When we think about it in this way, Great Ormond Street Hospital – which has been the target of much criticism – is actually almost an incidental...
How ordinary economic thinking helps constrain political chaos
In an age where chaos and cronyism seem to be the defining characteristics of our politics, and where the political system is increasingly decried as being “rigged” by populists from both the left and right, the time seems ripe for a renewed focus on political constraints. When such concerns arise, we are quick to point back to the U.S. Constitution, and rightly so. Yet economist Peter Boettke sees another guide that can also offer some value. For Boetkke, our politics...
What Genesis says about the nature of work
Is every aspect of Christian life valuable to God? Many, if not all Christians would confidently respond “Yes, of course! Everything we do should be done for the glory of God.” While this response is natural pletely true, its message seems to lose meaning when Christians enter the workplace. Scott Rae, professor of the philosophy of religion and ethics at Biola University, addressed this topic in his recent Acton University lecture, “Theology of Work.” He emphasized that Christians often make...
Macron’s African statement ignores human ingenuity
A French media outlet has captured an otherwise ment from French President Emmanuel Macron that Africa is overpopulated. When asked about a possible “Marshall Plan for Africa,” Macron listed among the continent’s current problems the need for “demographic transition,” lamenting the fact that some African “countries still haveseven to eight children per woman.” His concerns seem particularly worth examining today on World Population Day. During a July 8 press conference about the G20 summit, Macron began by naming truly concerning...
Understanding the President’s Cabinet: EPA Administrator
Note: This is the post #24 in a weekly series of explanatory posts on the officials and agencies included in the President’s Cabinet. See the series introductionhere. Cabinet position:EPA Administrator Department:U.S. Environmental Protection Agency (EPA) Current Administrator:Scott Pruitt Department Mission:The mission of EPA is to protect human health and the environment. EPA’s purpose is to ensure that: all Americans are protected from significant risks to human health and the environment where they live, learn and work;national efforts to reduce environmental...
Lenin’s Trip to Infamy
One hundred years ago, the man Winston Churchill dubbed a “plague bacillus” journeyed back from his exile in Europe to eventually seize the reins of power in his native Russia. Vladimir Lenin’s itinerary could not have been more fraught with peril and subterfuge, which makes it an ideal framing story for a recap of the rise of 20th century totalitarianism. The result was millions suffering and millions more murdered, tortured or starved to death by Lenin’s – and, later, Stalin’s...
Did Spider-Man read Thomas Aquinas?
For many of us, what is heroic about Spider-Man is not his ability to do “whatever a spider can,” but rather his effortless inclination to do what is good. But what makes Spider-Man good? In his book Leisure: The Basis of Culture, Josef Pieper argues against the notion that “Hard work is what is good.” He says that this phrase, although seemingly harmless, has dangerous implications. It implies that the amount of effort something takes directly corresponds to how good...
Can Christ and Burke solve the ‘European intifada’?
As Donald Trump stood alongside Emmanuel Macron at a parade on Friday, memorated more thanBastille Day. The presidents of the U.S. and France burst into applause as a marching band paid tribute to the 86victims of last July 14th’sNice terrorist attack. The ever-growing string of terrorist “incidents” gained momentum with the murders at a Jewish school in Toulouse in 2012. But the situation, which one Israeli official dubbed the “European intifada,” broke into public consciousness following the 2015Charlie Hebdoattack. A...
Explainer: What you should know about the Better Care Reconciliation Act (BCRA)
, their budget reconciliation proposal to repeal-and-replace the Affordable Care Act (aka Obamacare). Here is a summary of the changes being proposed: • Eliminates the individual mandate tax penalty (by reducing the amount owed to $0). • Eliminates the employer mandate tax penalty (by reducing the amount owed to $0). • Delays implementation of the so-called Cadillac tax until taxable periods beginning January 1, 2026. • Allows all individuals purchasing health insurance in the individual market the option to purchase...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved