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Author Topic: Federal court: Intent matters in migratory-bird deaths  (Read 1350 times)

Newsposter

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Federal court: Intent matters in migratory-bird deaths
« on: October 04, 2015, 06:53:49 pm »
"Companies accused of causing migratory bird deaths may be harder to successfully prosecute after a federal appeals court recently ruled that a century-old wildlife protection law only applies if the killing is intentional."

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“We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people." -- John F. Kennedy

sailor

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Re: Federal court: Intent matters in migratory-bird deaths
« Reply #1 on: October 05, 2015, 03:35:29 pm »
Quote from: Newsposter;180756
"Companies accused of causing migratory bird deaths may be harder to successfully prosecute after a federal appeals court recently ruled that a century-old wildlife protection law only applies if the killing is intentional."

Read the Article

 
I'd want a bit more information about the petro tanks from the 2003 case.  I'm wondering if it's an OSHA requirement that the tanks be open for safety / engineering reasons.

As for the power lines, seems odd that this is only coming to the fore now. It's not like it's a new technology.

Wind turbines are a new tech (relatively speaking).  So which goal is more important - save the birds or make something else. And if the wind companies get a pass for this, shouldn't other groups do so?

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Re: Federal court: Intent matters in migratory-bird deaths
« Reply #2 on: October 05, 2015, 09:29:47 pm »
Quote from: sailor;180783
Wind turbines are a new tech (relatively speaking).  So which goal is more important - save the birds or make something else. And if the wind companies get a pass for this, shouldn't other groups do so?

I think a middle point is reasonable. As long as a company takes reasonable actions to try to prevent unintentional incidental kills (within the limits of any regulations the company must follow as well), companies (or people, for that matter) should be held legally responsible for unintentional kills.
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Re: Federal court: Intent matters in migratory-bird deaths
« Reply #3 on: October 05, 2015, 10:38:47 pm »
Quote from: RandallS;180791
I think a middle point is reasonable. As long as a company takes reasonable actions to try to prevent unintentional incidental kills (within the limits of any regulations the company must follow as well), companies (or people, for that matter) should be held legally responsible for unintentional kills.

 
I presume you left a "not" out of your sentence.

I'm not so sure about that.  Should a company be allowed to accidentally spill oil with no penalty?  While they can't bring the bird back to life, a civil fine (and criminal for not reporting if that's already the law) for incidental kills where the money goes to bird protection might help.

It becomes in the companies interest to minimize kills rather than just shrug them off as "you have to break eggs to have an omelet".

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