The U.S. Fish and Wildlife Service (Service) issued a proposed rule to revoke the Service’s January 7, 2021, final rule defining the scope of the Migratory Bird Treaty Act (MBTA) as it applies to conduct resulting in the...more
The U.S. Fish and Wildlife Service issued a proposed rule on January 30, 2020, that narrowly interprets the protections afforded by the Migratory Bird Treaty Act. The new rule would provide that the MBTA prohibits only the...more
2/10/2020
/ Bald and Golden Eagle Protection Act ,
Comment Period ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Incidental Take Permits ,
Memorandum of Guidance ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Proposed Rules ,
Statutory Interpretation ,
US Fish and Wildlife Service
The California Department of Fish and Wildlife and the California attorney general have jointly issued an advisory regarding California’s state law protections for migratory birds. The three-page advisory affirms that...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more
The U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more
The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more
8/31/2016
/ Appeals ,
Clean Energy ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Incidental Take Permits ,
NEPA ,
Popular ,
Renewable Energy ,
US Fish and Wildlife Service ,
Wind Power
On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...more
On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit held in United States v. CITGO Petroleum Co. that the Migratory Bird Treaty Act’s take prohibition does not include the unintentional take of migratory...more