Home
/
RELIGION & LIBERTY ONLINE
/
What’s a Few Dead Eagles Between Friends?
What’s a Few Dead Eagles Between Friends?
Jan 10, 2026 7:53 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
Explainer: the prohibition on political speech in churches
Why is political speech in churches back in the news? During his speech at the recent Republican National Convention, Donald Trump said, “An amendment, pushed by Lyndon Johnson many years ago, threatens religious institutions with a loss of their tax-exempt status if they openly advocate their political views.” The new GOP platform also says the “federal government, specifically the IRS, is constitutionally prohibited from policing or censoring speech based on religious convictions or beliefs” and urges the repeal of the...
Re-branding capitalism for millennials
“Over the last decade, millennials have been characterized as filled with a sense of entitlement, lazy, and disillusioned,” says Allison Gilbert in this week’s Acton Commentary. “In the past year they have acquired another label: socialist” Despite the fact that the Democratic Party has begun to adopt more policies of the far left — like the $15 minimum wage — many polls show that less than half of Sanders supporters say they will be voting for Clinton this fall. Taking...
Faded Memories Are Leading to a Rejection of Free Markets
After almost a hundred years of seeing the effects of socialism and other government interventions in the market, American attitudes began to change in the 1980s and 1990s. The benefits of deregulation and privatization began to seem obvious and more people began to embrace free enterprise. But as Daniel Yergin notes, there is now a shift away from markets due partially to “fading memories of the old order—or no memories at all.” Voters under 30 were either very small or...
Is free trade a form of warfare?
Throughout his presidential campaign Donald Trump has repeatedly claimed that Mexico is “killing us on trade” because of the North American Free Trade Agreement (NAFTA). This metaphor of trade as war or conflict is mon trope among leftists. But is it true? Are Americans harmed by trade deficits? As Johan Norberg explains this notion is “dead wrong.” And to see why we just have to look at the iPhone. ...
New book explores significant relationship between religious and economic freedom
On sale now at the Acton Book Store The role of economic liberty in contributing to human flourishing and mon good remains deeply underappreciated, even by those who are dedicated to religious liberty. – Samuel Gregg Gregg is acontributor of One and Indivisible: The Relationship Between Religious and Economic Freedom, on sale now in the Acton Book Shop. Compiled by Kevin Schmiesing, the book contains 13 essays from highly acclaimed authors, speakers, and religious leaders, including Michael Matheson Miller, Anielka...
Does Microfinance Help the Poor?
This week at the Institute for Faith, Work and Economics, contributor James Clark asked, “Can microfinance really help the poor?” His conclusion: yes microfinance can work, but with certain caveats. In the last decade, microfinance has e a popular strategy in poverty alleviation, yet many economists and philanthropists often call its effectiveness into question. In his article Clark says that “Christians have embraced microfinance as a solution to poverty that helps the poor help themselves, but we must ensure that...
Richard Epstein on conflict between anti-discrimination laws and religious freedom
Late last month, a federal judge declared Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523) unconstitutional. In response, legal scholar and libertarian Richard Epstein discussed issues of religious freedom and anti-discrimination initiatives on the latest episode of the Hoover Institution’s podcast, The Libertarian. The Mississippi law was written to protect those with specific religious objections on issues of marriage, sexual acts outside of marriage, and gender. The law would give people with the specified views the state-protected...
Explainer: What You Should Know About the Republican Party Platform (Part II)
Note: This second article in a two-part series on the Republican Party Platform. Part I can be found here. In the previous articlewe looked atsummary outline of the Republican platform as it relates to several non-economic issues covered by the Acton Institute. Today, we’ll look at the GOP’s economic agenda as laid out in the platform. Because the document is long (66 pages) and covers an extensive variety of economic-related areas (agriculture, energy) this list won’t be exhaustive. But it...
George Washington’s principles for the nation revisited
In a recent article titled “George Washington’s Constitutional Morality,” Samuel Gregg explores the views of the first President on the founding principles and guiding influences of the United States. Gregg identifies three key elements of Washington’s political wishes for the new nation: Washington identified a distinct set of ideas that he thought should shape what he and others called an “Empire of Liberty”—classical republicanism, eighteenth-century English and Scottish Enlightenment thought, and “above all” Revelation. Washington, like many of the Founders,...
Economic and religious implications of the RNC Platform
In the wake of last week’s Republican National Convention, and in the midst of the Democratic National Convention, it is more important than ever for voters to be thoroughly educated on each party’s platform going into the general election season. In two recent posts on the Republican Party platform, (part one, part two) Joe Carter provides prehensive summary of the Republican Party’s main stances (we’ll look at some of the Democratic Party’s platform issues in a later post). Some of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved