OK so everyone is (rightly) very excited about the TREE LAW implications of the studio's actions during the strike, but could I possibly interest you in an even MORE exciting possibility: BIRD LAW?
A friend (who is On Here, but I don't know if she wants to be tagged) pointed out on another site today that those trees? Are home to birds. And it is nearly CERTAIN that whomstsoever cut the trees? Did not even stop to check for nests.
Why does it matter that the tree butchers didn't stop to check for nests? Welp. Becauuuuuuse... For more than 100 years, the US has had a federal law known as the Migratory Birds Treaty Act (MBTA, not to be confused with the shitty Boston transit system).
Under the MBTA (16 USC 703-712), with only a handful of exceptions, native and migratory birds are protected from harm, with fairly stiff penalties for disturbing nests, relocating without a permit, causing damage to live birds, selling wild birds, etc.
And I mean "stiff" as in if you're caught doing certain things, it's a felony. Now, "moving a nest" isn't (usually) on the felonies list, but even as a misdemeanor, it's PER BIRD. There were HOW many trees along that sidewalk???
The trees that were cut down were a species of ficus, and more than 50 species of birds have been known to nest in & feed on ficus trees. From herons to hummingbirds (both protected species, btw), ficus trees are incredibly biodiverse.
Do you know how big a hummingbird's nest is? THE SIZE OF A QUARTER. It can take DAYS of proper searching to find one in a mature tree. There have been other instances of folks being fined by cities in CA because their tree pruning harmed egret nests, for a start.
So. All that to say: I sincerely hope that someone at the @lacontroller's office is paying attention to the BIRD LAW side of things, and has made a call to the Audubon Society, wildlife biologists, etc. because this is bigger than just TREE LAW.
Also, if anyone sees @DannyDeVito on the picket line, give him "CAN I OFFER YOU SOME NICE BIRD LAW IN THESE TRYING TIMES" as a picket sign idea, for free, from me, just a humble nerdy attorney in the PNW.
By far the best response to my thread I e seen so far…
By far the best response to my thread I e seen so far…
Sing it with me!
I don’t actually know how they’d prove bird harm, that’s beyond my knowledge base & skill set. But it’s conceptually impossible for there to be that many trees and NOT have been any birds nesting in/feeding at them.
I don’t actually know how they’d prove bird harm, that’s beyond my knowledge base & skill set. But it’s conceptually impossible for there to be that many trees and NOT have been any birds nesting in/feeding at them.