Legal Question in Environmental Law in Illinois
construction project causing bird deaths
Work on a pond, being done by a private institution, has created conditions there that are causing waterfowl deaths. The water level is low but not fully drained. Actual construction work has not started yet so these conditions will likely persist for months.
An employee of the institution was seen carrying 2 bags of dead ducks from the pond and admitted that she was removing dead ducks. Avian botulism is suspected but supposedly tests have not come back yet. If it is avian botulism and the conditions in the pond do not change waterfowl mortality will likey continue and increase during the summer months. The institution managing the construction is attempting to hide facts from the public. The construction project is on pubic park land but is being managed by a private institution. The ducks affected are mostly mallard and wood duck, both protected by the migratory bird act.
If the conditions created by their construction work, in this case maintaining a low water level while construction continues, are directly responsible for waterfowl mortality, are they legally required to improve the conditions so that the site is no longer hazardous to widlife?
1 Answer from Attorneys
Re: construction project causing bird deaths
Probably not, but it depends on whether they are in compliance with their Corps of Engineers permit conditions. If you want to push the matter you should call the Corps, the US Fish and Wildlife Service and the state game department (in IL it would be the IL DNR).
Shell Bleiweiss
http://www.shell-bleiweiss.com
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