Migratory Bird Treaty Act

News & Analysis as of

New Regulations Could Expand CEQA Review of Impacts to Common Birds - California Department of Fish & Wildlife Proposes Draft...

The California Department of Fish & Wildlife (CDFW) published draft regulations interpreting California laws that protect birds of prey, and the nests and eggs of birds generally. These draft regulations, released on Aug. 14,...more

Federal District Court Strikes Down Eagle Act Rule

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

FWS To Authorize Incidental Takes Under the Migratory Bird Treaty Act?

Late last month, the Fish & Wildlife Service issued a Notice of Intent to prepare a programmatic environmental impact statement to evaluate various options for authorizing incidental takes under the Migratory Bird Treaty Act....more

Fish & Wildlife Service Issues Notice of Intent to Regulate Incidental Take of Migratory Birds

On May 26, 2015, the U.S. Fish and Wildlife Service (“FWS”) published a notice of its intent to evaluate potential ways to regulate incidental takes of migratory birds under the Migratory Bird Treaty Act (“MBTA”). The Notice...more

US Fish & Wildlife Service Proposes First-of-its-Kind Migratory Bird Incidental Take Authorizations

On May 26, 2015, the US Fish and Wildlife Service (FWS) announced its intent to prepare a programmatic environmental impact statement (PEIS) to evaluate the potential impacts of permits authorizing the incidental take of...more

US Fish and Wildlife Service Considering Permit Program Under the Migratory Bird Treaty Act to Cover Commercial and Industrial...

For the first time, the US Fish & Wildlife Service (FWS) is considering a proposed rulemaking to authorize the unintentional injury or killing of migratory birds by certain commercial and industrial activities....more

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have...more

U.S. Fish and Wildlife Service to Consider Expanding Incidental Take Authorization Under Migratory Bird Treaty Act

This week, the U.S. Fish and Wildlife Service (Service) published a notice in the Federal Register identifying its intent to prepare an environmental impact statement analyzing various approaches for regulating incidental...more

USFWS Launches New Regulatory Program Under the Migratory Bird Treaty Act

The US Fish and Wildlife Service issued a Notice of Intent to prepare a Programmatic Environmental Impact Statement (PEIS) to evaluate the potential environmental impacts of an incidental take program under the Migratory Bird...more

USFWS to Evaluate New Incidental Take Permitting Program Under the Migratory Bird Treaty Act

Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register announcing that it intends to prepare a programmatic environmental impact statement to evaluate the effects of a program that...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

Federal Approval of Tule Wind Project Upheld in District Court on NEPA, Migratory Bird Act, and Bald & Golden Eagle Act Claims

On March 25, 2014, in The Protect Our Communities Foundation et al. v. Jewell et al. , the US District Court for the Southern District of California issued a decision on a challenge to the Tule Wind Project and found in favor...more

Decision on Cape Wind Offshore Wind Farm

On March 14, 2014, in Public Employees for Environmental Responsibility et al. v. Beaudreu et al., the US District Court for the District of Columbia issued a decision on multiple challenges to the Cape Wind Offshore Wind...more

After More Than Five Years, Proposed Rule To Delist Hawaiian Hawk Reopened For Comment

In August 2008, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to delist the Hawaiian hawk (Buteo solitarius), also referred to as the io, from the federal list of endangered or threatened species. The...more

U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S....more

For the First Time, U.S. Extends MBTA Enforcement to Renewables

On November 22, 2013, the Department of Justice announced its first prosecution of a wind farm operation for violations of the Migratory Bird Treaty Act (MBTA), a criminal statute governing take of over 1000 species of birds....more

Ocotillo Wind-Energy Project Prevails in NEPA and Migratory Bird Treaty Act Challenges

On November 6, 2013, in The Protect Our Communities Foundation v. Salazar, the U.S. District Court for the Southern District of California rejected a challenge to the Ocotillo wind-energy project based on the National...more

Migratory Bird Treaty Act Concerns Extend to Solar Plants

The Migratory Bird Treaty Act (MBTA) has a famously broad scope, outlawing the taking of over 1000 species of birds, ranging from hummingbirds to robins and crows. It is also a criminal statute, although most violations are...more

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