News & Analysis as of

Energy Sector Migratory Bird Treaty Act (MBTA)

Husch Blackwell LLP

Taking Permitting to New Heights: New Eagle Take Permit Rule’s Impact on Project Developers and Operators

Husch Blackwell LLP on

Last month, in 89 FR 9920, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule revising the eagle take permit (“ETP”) process. USFWS believes the new rule will encourage more participation in the ETP program...more

Verrill

NextEra Subsidiary Fined $8 Million under MBTA for Eagle Deaths at Wind Power Projects in Western U.S.

Verrill on

The U.S. Department of Justice announced that ESI Energy LLC (ESI), a wholly owned subsidiary of Nextera Energy Resources LLC, pleaded guilty to violating the Migratory Bird Treaty Act (MBTA) and acknowledged at least 150...more

WilmerHale

Emerging Trends in US Offshore Wind Energy Development

WilmerHale on

Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...more

(ACOEL) | American College of Environmental...

Renewable Energy? For some, the answer may not be blowing in the wind.

The Biden administration has committed to significantly expanding development of renewable energy. These projects, including solar and wind are welcomed by many. They have the potential to generate significant amounts of...more

Nossaman LLP

On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate - June 15th, 11:00 am - 12:30 pm...

Nossaman LLP on

Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks - July 30th, 11:00 am - 12:30 pm PT

Nossaman LLP on

Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more

King & Spalding

Energy Newsletter - June 2018

King & Spalding on

Lessons for Sellers in Contracting with Emerging Market Buyers: The “Three R’s” to Structuring Payment Security Provisions - The recent rebound in the international energy industry is being driven, at least in part, by a...more

Jones Day

The Climate Report - Spring 2018

Jones Day on

Climate Change Regulatory Issues & Updates - EPA Releases 2018 Edition of the Greenhouse Gas Emissions Inventory - A new version of EPA's Greenhouse Gas Emissions Inventory shows a decline in U.S. total net greenhouse...more

Akin Gump Strauss Hauer & Feld LLP

Fish and Wildlife Service Doubles Down on Department of Interior Opinion on Migratory Bird Treaty Act (MBTA)

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

Latham & Watkins LLP

Interior Department Excludes Incidental Take Liability Under the Migratory Bird Treaty Act

Latham & Watkins LLP on

Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more

Gray Reed

Trump and the Oil Patch One Year In

Gray Reed on

Let’s take a look at what President Trump has done for the oil industry in his first year (This is not about decorum, dossiers, tweets, or Oprah’s inauguration.) As in the past I refer to sources whose opinions and insights...more

Perkins Coie

Department Of Interior Declares That Only Deliberate Acts Constitute Take Of Migratory Birds

Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

Allen Matkins

California Environmental Law & Policy Update - December 2017 #5

Allen Matkins on

Focus - U.S. EPA officials are leaving in droves - The New York Times - Dec 22 More than 700 employees have left the U.S. Environmental Protection Agency (EPA) since President Trump took office, a wave of departures...more

Perkins Coie

Department of Interior Reverses MBTA’s Take Definition in a New Solicitor’s Opinion

Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

Nossaman LLP

House of Representatives Seeks To Clarify Lack Of Liability for Incidental and Accidental Take under Migratory Bird Treaty Act

Nossaman LLP on

On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more

Latham & Watkins LLP

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Nossaman LLP

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

Nossaman LLP on

On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more

Perkins Coie

DOI Issues Solicitor’s Opinion That MBTA Prohibits Incidental Take

Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more

Nossaman LLP

Second-Ever Eagle Programmatic Take Permit Soon To Be Granted For California Wind Energy Facility

Nossaman LLP on

On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program...more

Nossaman LLP

Circuit Courts Tackle Question of Agency Liability under the MBTA for Permitting of Wind Energy Facilities

Nossaman LLP on

On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a...more

Holland & Knight LLP

Fish and Wildlife Service Issues Draft 30-Year Programmatic Eagle Take Permit - Longer Permit Terms Welcome, But Certain Proposed...

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (Service) on May 6, 2016, issued a draft rule that would extend to 30 years the maximum life of permits authorizing the incidental take of bald and golden eagles pursuant to the federal Bald...more

Nossaman LLP

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

Nossaman LLP on

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Davis Wright Tremaine LLP

Could the US Be “Aiding and Abetting” Cape Wind MBTA Violations?

In the latest legal wrangling over the long-delayed Cape Wind Associates’ wind farm off Nantucket, during oral argument judges on the DC Circuit suggested that by permitting the wind farm, the US might be aiding and abetting...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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