News & Analysis as of

US Fish and Wildlife Service Migratory Bird Treaty Act (MBTA) Proposed Rules

Latham & Watkins LLP

Federal Agencies Take Steps to Narrow Application of Endangered Species Act and Migratory Bird Treaty Act

Latham & Watkins LLP on

The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more

Brownstein Hyatt Farber Schreck

Regulatory Ping Pong Creates New Enforcement Paradigms for Migratory Bird Treaty Act

On Oct. 4, 2021, the Fish and Wildlife Service (“FWS”) issued a final rule, effective Dec. 3, 2021, restoring the Migratory Bird Treaty Act (“MBTA”) to prohibit the incidental take of migratory birds. The interpretation and...more

Perkins Coie

US Fish and Wildlife Service Proposes to Revoke Recent MBTA Final Rule

Perkins Coie on

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

Foley Hoag LLP - Environmental Law

Incidental Take Permits Under the Migratory Bird Treat Act — Why Is This So Difficult?

Last week, the Fish and Wildlife Service issued a proposed rule that would revoke the rule promulgated by the Trump Administration in January 2021 and return to the prior status quo, in which the incidental take of birds...more

Perkins Coie

Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty Act

Perkins Coie on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Migratory Bird Treaty Act: U.S. Fish and Wildlife Service Proposal Addressing Definition of "Take"

The United States Fish and Wildlife Service (“Service”) announced the proposal of a rule that would define a key issue regarding the scope of the Migratory Bird Treaty Act (“MBTA”). The proposed rule is focused on the MBTA...more

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