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Endangered Species Act (ESA) Bird Fatalities Oil & Gas

K&L Gates LLP

Where You Operate Matters: the Fifth Circuit Widens the Split on MBTA Liability

K&L Gates LLP on

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

Perkins Coie

Birds of a Feather: The 5th Circuit Joins the 8th and 9th Circuits’ Narrow View of the MBTA’s Take Prohibition

Perkins Coie on

On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit held in United States v. CITGO Petroleum Co. that the Migratory Bird Treaty Act’s take prohibition does not include the unintentional take of migratory...more

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