Home
/
RELIGION & LIBERTY ONLINE
/
What’s a Few Dead Eagles Between Friends?
What’s a Few Dead Eagles Between Friends?
Dec 9, 2025 12:13 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
Radio Free Acton: Hot, dirty, noisy: Purposeful work at Kerkstra Precast; Media blackout on Gosnell movie
On this episode of Radio Free Acton, award winning news anchor Anne Marie Schieber speaks with James Morgan about his job at Kerkstra Precast, an industrial plant. We get a look into James’ daily work and how he finds meaning and motivation in what he does. Then, Caroline Roberts talks to Phelim McAleer, co-producer of the newly released film “Gosnell: The Trial of America’s Biggest Serial Killer,” successful with audiences but since it’s release the film has faced harsh backlash,...
Why we have a moral obligation to promote innovation
Note:This article is part of the ‘Principles Project,’ a list of principles, axioms, and beliefs that undergirda Christian view of economics, liberty, and virtue. Clickhereto read the introduction and other posts in this series. The Principle:25A — We have a moral obligation to promote innovation. The Definitions: Innovation –Something (i.e., an idea, method, process, product, service, tool, etc.) that isnew, original, or improved which creates value and is uniquely useful. (Source) Human flourishing – A holistic concern for the spiritual,...
What exactly is the unemployment rate?
Note: This is post #98 in a weekly video series on basic economics. If someone has a job, they’re defined as “employed.” But does that mean that everyone without a job is unemployed? Not exactly. For the official statistics, you have to meet quite a few criteria to be considered unemployed in the U.S., explains economist Alex Tabarrok. In this video by Marginal Revolution University, Tabarrok explains how unemployment is officially defined by the federal government. (If you find the...
Rev. Tim Keller on the myth of omnicompetence
One of the dangers of forming a modern identity around achievement is what Rev. Tim Keller calls “the success-failure whiplash.” Succeeding in one area can cause people to believe they have the skills and inner qualities to do anything, and everything, alone – that they are petent. Keller discussed the process in his address to the Acton Institute’s 2018 annual dinner, which he titled “Identity, Business, and the Christian Gospel”: If your identity has e your business and your profession,...
Who is John Rawls and why should you care?
This is a guest post for the Acton PowerBlog By Kevin Brown Imagine asking a diverse group of rich, poor, attractive, unattractive, intelligent, unintelligent, white, non-white, educated, and non-educated — what makes a society just. Do you think you would get the same answer? Neither do I. Diverse individuals have diverse experiences, values, and contexts — and our varied backgrounds will inevitably color our perception of what is just, fair, and equitable. Given this, how can we as a society...
What determines the value of your money?
The value of money is determined by how much (or how little) of it is in circulation. But who makes that decision, and how does their choice affect the economy at large? Doug Levinson looks at the role of the U.S. Federal Reserve efforts to affect inflation and deflation affects the value of our money. ...
The spiritual core of political hate
A new study confirms that creeping tribalism has Americans bitterly divided, acrimonious, and dismissive of others based on political differences. Behind this animosity lies a spiritual principle that Rev. Timothy Keller touched on during his address at this year’s Acton Institute annual dinner. Keller, pastor of Redeemer Presbyterian Church in Manhattan, offered his insights in a lecture he titled “Identity, Business, and the Christian Gospel” – but its lessons go to the heart of every human being. Who am I?...
The enduring influence of Russell Kirk’s ‘The Conservative Mind’
This is the seventh in a series celebrating the work of Russell Kirk in honor of his 100th birthday this October. Read more from the serieshere. Back in the glory days of the Reagan years, I considered myself a rather hard-core libertarian. My mom—one of the most brilliant and well-read persons I have ever known (and ever will)—was a devout Goldwaterite and munist. She read everything under the sun, and she encouraged me to do the same, never censoring anything....
The nation-state and security of freedom
In a recent article for Law and Liberty, Samuel Gregg, Acton’s Director of Research, reviews French political scientist Gil Delannoi’s new book Le nation contre le nationalisme. “Since 2016,” Gregg writes, “it has e evident that millions of people are not content to be herded, sheep-like, by intellectuals, techno-utopians, and supranational bureaucrats down the path of global governance. Their discontent is being expressed through a renewed emphasis upon the nation and an associated stress on nation-state sovereignty.” This emphasis on...
Russell Kirk’s 100th Birthday
I’d like to join in the chorus of Russell Kirk memorials that have graced the PowerBlog these past few days memorate Kirk’s 100th birthday. Over at The Federalist today, I can only hint at the significant contributions Kirk wrote on behalf of conservatism, sound economics and Christian humanism. Herewith a brief excerpt: [H]e was so much more than a Cassandra ceaselessly caviling against Communism. More to our great fortune, Kirk scoured the world’s great literature, philosophy, and political theory. From...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved