On 29 September 2021, the U.S. Department of Interior (Interior) announced a series of actions to unwind a Trump-era rule in an effort to “to ensure that the Migratory Bird Treaty Act (MBTA) conserves birds today and into the...more
In her opening statement to an August 11 opinion, United States District Court Judge Valerie Caproni writes: “It is not only a sin to kill a mockingbird, it is also a crime.” Judge Caproni’s literary reference is the...more
Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...more
The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more