Home
/
RELIGION & LIBERTY ONLINE
/
What’s a Few Dead Eagles Between Friends?
What’s a Few Dead Eagles Between Friends?
Jan 31, 2026 11:44 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
Understanding the President’s Cabinet: Attorney General
Note: This is post #16 in a weekly series of explanatory posts on the officials and agencies included in the President’s Cabinet. See the series introductionhere. Cabinet position:Attorney General Department:Department of Justice Current Secretary:Jeff Sessions Succession:The Attorney General is seventh in the presidential line of succession. Department Mission:“The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal...
What is comparative advantage?
Note: This is post #32 in a weekly video series on basic microeconomics. What parative advantage? And why is it important to trade? In this video by Marginal Revolution University, economist Don Boudreaux guides us through a specific example surrounding Tasmania — an island off the coast of Australia that experienced the miracle of growth in reverse. Through this example we show what can happen when a civilization is deprived of trade, and show why trade is essential to economic...
The disordered soul of Frank Underwood
“Frank Underwood, masterfully played by the award-winning Kevin Spacey, embodies the corruption that so often attends to the pursuit of political power,” says Jordan Ballor in this week’s Acton Commentary, “and as the new season nears it’s worth looking back at where it all began for Francis and Claire Underwood.” In their review of the show’s first season, David Corbin and Alissa Wilkinson rightly observe that the example of Frank Underwood provides an important negative lesson about the need for...
Federalist Society’s Leonard Leo speaks at Acton May 11 on the ‘Trump judges’ and Supreme Court
pictured: Leonard Leo With Neil Gorsuch elected to the Supreme Court in mid April, and a slate of other candidates on Trump’s radar for the lower courts, there is a mitment by the Trump administration to the election of conservative appointees to the federal judiciary. Could this be a judicial renaissance of sorts? Will there be a resurgence of true conservatism and originalism in the courts? To find e join us on Thursday May 11 at Acton’s headquarters in Grand...
Development malpractice: When failure in ‘doing good’ is worse than ‘doing nothing’
What happens when governments, NGOs, charities, and churches all converge in scurried attempts to alleviate global poverty, whether through wealth transfers or other top-down, systematic solutions? As films like PovertyCure and Poverty, Inc. aptly demonstrate, the results have been dismal, ranging from minimal, short-term successes to widespread, counterproductive disruption. Surely we can do better, avoiding grand, outside solutions, and ing alongside the poor as partners. Yet even amid the menu of smaller and more direct or localized “bottom-up” solutions, there...
This Eastern European nation shows how foreign investment is patriotic
At a time when populist sentiments are on the rise on both sides of the Atlantic, the leader of one former Communist nation has affirmed that free markets open acrossborders area blessing. In anew essay at Religion & Liberty Transatlantic,Mihail Neamtu, Ph.D., argues that the wealth created by foreign investment furthers the national interest. In his mentary, titled“Romania chooses prosperity over populism,”he recounts thenation’s unusually bold embrace of international capital. Urged to keepforeigners out of its economy or restricttheir investment,...
5 Reasons you’ll love Acton University (even if you hate conferences)
I have confession to make: I don’t like conferences. I don’t like seminars or conventions, either. I also don’t like colloquiums, symposiums, forums, or summits. I love people (really, I do) and I love discussions about ideas. But something happens when you put them together into a “conference” that causes my introverted tendencies to spike. I’m just not a conference-going kinda guy. That’s probably an odd admission to make, especially in a post in which I try to convince you...
State Department releases 2017 report on international religious freedom
The State Department recently released its International Religious Freedom Report for 2017.A wide range of U.S. government agencies and offices use the reports for such efforts as shaping policy and conducting diplomacy. The Secretary of State also uses the reports to help determine which countries have engaged in or tolerated “particularly severe violations” of religious freedom in order to designate “countries of particular concern.” A major concern addressed in this year’s report is that “international religious freedom is worsening in...
France settles for Macron and malaise
What should American citizens think of Emmanuel Macron and the impact he will have as the next president of France? His outsider status, entrenched opposition, andimprecise political platform may createthe perfect storm for France to continue marching in place, according to anew essay in Religion & Liberty Transatlantic. “The French don’t like change; they like what’s new,” writes Christophe Foltzenlogel, a jurist for the European Centre for Law and Justice (the counterpart to the ACLJ, founded by Jay Sekulow). How...
To fight poverty, Oxfam must measure what matters
If people of faith want to reduce global poverty, they must begin by accurately measuring the problem. But a well-publicized report on international poverty distorts the problem and promotes solutions that would leave the world’s poorest people worse off, according to two free market experts. Every year, Oxfam releases a report on global wealth inequality to further the agenda of the World Economic Forum. This year’s entry, titled “An economy for the 99 percent,” was released with the headline: “Just...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved