One hundred years ago, Congress passed one of the earliest and most consequential conservation laws, the Migratory Bird Treaty Act of 1918. Its language was, and remains, clear and straightforward: Unless an individual has a valid hunting permit, “it shall be unlawful at any time, by any means, or in any manner” to “hunt, take, capture [or] kill” migratory birds.

Until now, that is.

Power lines, communication towers, wind turbines, oil spills and poison and pesticide applications kill tens of millions of birds a year, according to the United States Fish and Wildlife Service. Many are protected by the act, and their deaths, though unintentional, could be considered violations. Those responsible can be held strictly liable, meaning they are culpable, even if the deaths weren’t intended. This standard is meant to encourage companies to find ways to minimize threats to the 1,000-plus bird species protected by the law, and the relatively few enforcement actions have been limited to the most egregious violations.

Now, however, as part of the Trump administration’s drive to remove “unnecessary” regulatory “burdens” on the energy industry, the Interior Department has advanced an alternative interpretation of the law that absolves companies from engaging in foreseeable and preventable activities that kill birds. The department’s political appointees argue that the law only triggers penalties when individuals or companies are trying to kill migratory birds.

The implications of the Interior Department’s new position on bird killings are troubling, because building owners, oil and wind energy companies and others will no longer have any legal incentive to reduce or eliminate bird deaths caused by their operations.