WASHINGTON— The Center for Biological Diversity and 33 other bird and wildlife conservation organizations from 27 states filed a legal petition today asking the U.S. Fish and Wildlife Service to establish a permitting process for commercial buildings to protect birds from deadly window collisions.

Today’s petition proposes a permitting process under the Migratory Bird Treaty Act that would require building owners to use proven measures to reduce collisions, such as films, curtains or others means that make glass visible to birds.

According to recent studies, buildings in the United States kill more than 1 billion birds each year. This problem has contributed to a roughly 30% decline in birds since 1970 — or an estimated 3 billion fewer birds gracing the skies in North America.

“The Fish and Wildlife Service can’t keep letting buildings kill vast numbers of birds every year when there are known solutions to this tragic problem,” said Tara Zuardo, a senior advocate at the Center. “Migrating birds are crashing into walls of glass that leave them broken and dying, and federal officials have a legal duty to push for basic preventative steps. As bird populations dwindle, this threat affects every American in every state, and it needs to be addressed.”

In January 2021 the Service finalized a rule that upended decades of enforcement under the Migratory Bird Treaty Act. This unlawful reinterpretation failed to prohibit the foreseeable killing of migratory birds. In response to successful litigation by the Center and allies, the Service in 2021 revoked this rule and promised to issue regulations to address infrastructure known to cause bird deaths.

But in December 2023 the agency withdrew much-needed draft migratory bird protection rules, claiming that it requires an indefinite amount of time to pursue the rulemaking and left millions of birds vulnerable to building and window collisions.

Today’s petition notes that the Service admits that building collisions are one of the greatest threats to America’s migratory birds. These collisions are driving declines in warblers, sparrows and many other birds, including a number of sensitive species. That means the conditions leading to these collisions require regulation under the Migratory Bird Treaty Act. The Service already administers a permitting process to reduce harm to bald and golden eagles, so it could also do so for migratory birds.

The following organizations signed the petition:

Center for Biological Diversity

Birds Georgia

New Jersey Conservation Foundation

West Virginia Highlands Conservancy

Northern Virginia Bird Alliance (formerly Audubon Society of Northern Virginia)

Valley Forge Audubon Society

Birds Connect Seattle

DarkSky Missouri

Tropical Audubon Society

Flathead Audubon Society

Southern Wisconsin Bird Alliance

City Bird

New Jersey Audubon

St. Louis Audubon Society

Maricopa Audubon Society

New Hope Bird Alliance

Lehigh Valley Audubon Society

Arkansas Audubon Society

Kentucky Conservation Committee

Columbus Audubon

Kentucky Audubon Council

Audubon Society of Central Maryland

Indiana Audubon

Maine Audubon

SOS Save Our Songbirds

South Carolina Wildlife Federation

Missouri River Bird Observatory

Lahontan Audubon Society

Lights Out Baltimore

Golden Gate Bird Alliance

Audubon Society of Rhode Island

Sinnissippi Audubon

Detroit Bird Alliance

Northwest Illinois Audubon Society