The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more
5/6/2025
/ Chevron Deference ,
Endangered Species Act (ESA) ,
Government Agencies ,
Incidental Take Permits ,
Loper Bright Enterprises v Raimondo ,
Migratory Bird Treaty Act (MBTA) ,
Proposed Rules ,
Rulemaking Process ,
Statutory Interpretation ,
Trump Administration ,
US Fish and Wildlife Service
Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more
On December 14, 2016, the US Fish and Wildlife Service (FWS) finalized its proposed revisions to the Eagle Rule (Final Rule) and released its Record of Decision (ROD). The Final Rule allows companies and others to obtain...more
On July 5, 2016, the public comment period closed for the US Fish and Wildlife Service’s (FWS) proposed revisions to the rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act) and...more
On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more
On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more
8/20/2015
/ American Bird Conservancy ,
Bald and Golden Eagle Protection Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Final Rules ,
Incidental Take Permits ,
NEPA ,
Regulatory Agenda ,
Remand ,
Renewable Energy ,
Takings Clause ,
US Fish and Wildlife Service
On May 26, 2015, the US Fish and Wildlife Service (FWS) announced its intent to prepare a programmatic environmental impact statement (PEIS) to evaluate the potential impacts of permits authorizing the incidental take of...more