Why It Matters

The Migratory Bird Treaty Act oversight hearing on March 4th will determine whether Congress codifies bird protections or allows regulatory rollbacks to continue.

The hearing arrives amid the Trump administration’s sweeping deregulatory agenda—which the EPA calls the "single largest deregulatory action in U.S. history"—including rollbacks to the Clean Water Act and Endangered Species Act.

At stake: whether the nation’s oldest wildlife law covers the unintentional killing of birds by energy, construction, and utility companies.

Broader Context

The stakes are concrete. North America has lost over 3 billion birds since 1970, with grassland birds down 43% and shorebirds down 33%. A February 2026 peer-reviewed study found declines are accelerating year over year.

Legislative urgency sharpened after the Interior Department ruled in April 2025 that the MBTA does not apply to incidental bird deaths from industrial activities. Reps. Jared Huffman (D-CA-2) and Brian Fitzpatrick (R-PA-1) responded with bipartisan legislation to codify incidental take protections. Huffman called it "a critical moment to establish lasting protections for all species."

Full committee chair Rep. Bruce Westerman’s ESA Amendments Act has drawn sharp criticism from conservation groups, signaling the majority may use the hearing to examine rolling back enforcement rather than strengthening it.

Between The Lines

Subcommittee Chair Rep. Harriet Hageman—representing Wyoming’s energy and agriculture sectors—will likely press on regulatory costs. Ranking Member Rep. Val Hoyle will push the conservation case. Westerman’s ESA record signals the majority’s skepticism toward broad federal wildlife enforcement.

The Huffman-Fitzpatrick bill’s bipartisan backing is notable, but committee dynamics suggest an uphill path.

Competitive Landscape

Conservation groups are running a coordinated campaign: the National Audubon Society spent $50,000–$70,000 per quarter in 2024–2025; American Bird Conservancy reported $37,494 in quarterly spending; and the American Bird Conservancy Action Fund registered as a new lobbying entity in 2025. No industry opposition lobbying has been documented.

The Bottom Line

The hearing will clarify whether Congress moves toward statutory certainty that protects birds—or toward narrowing the Act’s reach. With conservation groups lobbying heavily, bipartisan legislation on the table, and a skeptical Republican majority, the outcome remains uncertain.

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