Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
On August 4, 2025, U.S. Department of Interior Deputy Chief of Staff-Policy Gregory Wischer issued a memorandum directing the U.S. Fish and Wildlife Service to take multiple actions related to the Service’s eagle permitting...more
After a brief hiatus, incidental take of migratory birds will again be a federal crime beginning December 3, 2021. Less than 10 months after instituting a final rule declaring that incidental take of birds is not subject to...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
On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement...more