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The Regulatory Resurrection of M-37050:‎ Interior Rule Limits the MBTA Again, But Likely Not for Long

On January 7, the Department of the Interior (“DOI”) published a final rule codifying its previously announced interpretation that the Migratory Bird Treaty Act (“MBTA”) applies only to intentional acts directed at migratory...more

Trump Administration’s MBTA M-Opinion Vacated: What You Need to Know

The Migratory Bird Treaty Act (“MBTA”) was first adopted in 1918, and for most of its existence the Department of the Interior (“DOI”) interpreted it to prohibit any taking or killing of migratory birds, intentional or not. ...more

President Trump Issues Executive Order Restricting Access to Components Used for Electric Generation, Transmission and Storage

On May 1, 2020, President Trump issued an Executive Order that prohibits the acquisition or installation in the United States of certain electrical equipment originating in countries designated as “foreign adversaries.” The...more

A NEW WOTUS FROM POTUS: Trump Administration Releases Highly Anticipated Replacement for Controversial “Waters of the U.S.” Rule

On December 11, 2018, the United States Environmental Protection Agency (EPA) published a proposed rule to revise the definition of Waters of the United States (WOTUS) under the Clean Water Act (CWA) in a manner that would...more

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