News & Analysis as of

Migratory Bird Treaty Act (MBTA) Supreme Court of the United States

Womble Bond Dickinson

Changes in Migratory Bird Treaty Act Protections - Impacts on Project Development

Womble Bond Dickinson on

Two recent developments signal important changes to the current administration’s position on incidental take under the Migratory Bird Treaty Act (“MBTA”)...more

Holland & Hart LLP

Wildlife Roundup

Holland & Hart LLP on

The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more

Vinson & Elkins LLP

Biden Administration Looks To Recriminalize Accidental Bird Deaths In Traditional And Renewable Energy Sectors

Vinson & Elkins LLP on

The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

BakerHostetler

Migratory Bird Treaty Act: Question Of Unintentional “Take” Primed For Potential Fifth Circuit En Banc Or Supreme Court Review

BakerHostetler on

Recently, industry won a major legal victory regarding liability—or lack thereof—for unintentional and indirect bird deaths under the Migratory Bird Treaty Act (MBTA). Unfortunately, that victory could be short lived,...more

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