Dead Birds Shut Down Washington Metro Stations

This is quite possible the absolute epitome of knee-jerk reactioning in the post-9/11 United States.

WASHINGTON - Three Metro train stations were briefly closed Sunday while hazardous materials crews investigated dozens of dead birds and a substance believed to be a commercial pest poison. No human injuries were reported.

All signs point to a contractor making a mistake, said a spokeswoman for the Washington Metropolitan Area Transit Authority. The poison was spread outside at least six Metro stations.

The story goes on to say that

The FBI's joint terrorism task force and officials from the National Institutes of Health joined the investigation as reports of the dead birds increased during the day.

For Christ's sake! With Osama bin Forgotten running around having been forgotten for nearly 6 years don't you think the FBI has more important things to do with its time than track down a bunch of dead birds at a metro station?

This must be one of those things Metro is talking about when they warn passengers to "see it say it" and report anything unusual. There has been a dead European Starling sitting on a wall at the East Falls Church metro station for more than a year. Its there, broiled to a crisp and nobody got wigged out about it. And I even told Metro the bird was there.

No doubt this over reaction is yet another example of the ramping up of the "terror" threats that will be put in place at least until the election in November 2008. Yawn.

The one intersting aspect of this situation is that if the birds are protected by the Migratory Bird Treaty Act (16 USC 703-712) their deaths by poison are a violation of that Act. The MBTA is a strict liability law wherein there is no need to prove intent to have a violation or seek a conviction. There is an entire body of case law out there where pesticide applicators have been found in violation of the Act for spraying chemicals and killing birds. There is also case law on birds landing on oil slicks near oil wells, and others landing on contaminated water and then dying. In those cases the perpetrator was found in violation of the law and fined. Sometimes severely.

I wonder if the Federal government still enforces the MBTA now that we are in the "business can do no wrong" Bush Abomination? My guess is that we no longer do. Afterall we can't do anything to impede the pursuit of profit.

Welcome to Bush's America.