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
2/10/2020
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Comment Period ,
Department of the Interior ,
Endangered Species ,
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Environmental Policies ,
Incidental Take Permits ,
Memorandum of Guidance ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Proposed Rules ,
Statutory Interpretation ,
US Fish and Wildlife Service
A Summary of Published Appellate Opinions Under the California Environmental Quality Act -
The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more
1/14/2019
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Appeals ,
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Building Permits ,
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Res Judicata ,
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Sierra Club v County of Fresno ,
Standard of Review ,
Statute of Limitations ,
Substantial Evidence Standard ,
Tenants ,
Traffic Impact Assessments ,
Trucking Industry ,
Urban Planning & Development
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
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