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Migratory Bird Treaty Act (MBTA) Endangered Species

Nossaman LLP

Group Seeks Permitting Requirement for Bird Deaths at Commercial Buildings

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On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more

Verrill

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

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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

Nossaman LLP

Biden Administration Turns Its Focus on Birds

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In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take...more

Nossaman LLP

USFWS Publishes Revised Economic Analyses for MBTA Incidental Take Proposed Rule

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This week, the U.S. Fish and Wildlife Service (“USFWS”) announced the availability of two revised economic analysis documents related to the agency’s proposed rule concerning incidental take under the Migratory Bird Treaty...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

Trump Administration Bird Rule on the Chopping Block

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On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA).  The Trump...more

Holland & Hart LLP

Wildlife Roundup

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The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more

Nossaman LLP

Department of Interior Takes Steps Toward Reversal of Position on Migratory Birds Protections

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Recently, the Department of the Interior released a pre-publication version of a Federal Register notice delaying the effective date of the Migratory Bird Treaty Act (MBTA) take definitional rule to March 8, 2021, and opening...more

K&L Gates LLP

To Kill a Mocking Bird - Trump Administration Finalizes Rule Narrowing Migratory Bird Treaty Act

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On 7 January 2021, the Trump administration finalized a new rule that limits the scope of the Migratory Bird Treaty Act (MBTA or the Act). Under the new rule (which President Biden has already directed the Department of the...more

Nossaman LLP

Trump Administration Finalizes Migratory Bird Rule

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On January 7, 2021, U.S. Fish and Wildlife Service (USFWS) published a final rule limiting the scope of the Migratory Bird Treaty Act (MBTA)’s prohibition on the take of migratory birds....more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL - In re Flint Water Cases - Several local and State of Michigan officials, including the former governor,...more

K&L Gates LLP

Federal Court Strikes Down Trump Administration's Narrow Interpretation of Migratory Bird Treaty Act

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A federal court recently struck down the Trump administration’s 2017 memorandum that had narrowly interpreted the Migratory Bird Treaty Act (MBTA or Act) to exclude incidental bird deaths....more

Brownstein Hyatt Farber Schreck

Court Rejects Trump Administration’s Migratory Bird Treaty Act Interpretation

On Aug. 11, 2020, a federal district court overturned the Trump administration’s 2017 interpretation of the Migratory Bird Treaty Act (“MBTA”). The MBTA implements four international conservation treaties and is intended to...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #2

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Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more

Nossaman LLP

Court Reignites Migratory Bird Treaty Act Question

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On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more

Nossaman LLP

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

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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

Orrick, Herrington & Sutcliffe LLP

Virginia’s Alternative Take on Migratory Birds

The Commonwealth of Virginia is pursuing migratory bird protection in response to the Trump administration’s proposed relaxation of Migratory Bird Treaty Act (“MBTA”) enforcement....more

Perkins Coie

Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty Act

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Migratory Bird Treaty Act: U.S. Fish and Wildlife Service Proposal Addressing Definition of "Take"

The United States Fish and Wildlife Service (“Service”) announced the proposal of a rule that would define a key issue regarding the scope of the Migratory Bird Treaty Act (“MBTA”). The proposed rule is focused on the MBTA...more

Beveridge & Diamond PC

Government Proposes to Codify Limits on Migratory Bird Treaty Act Liability

The U.S. Fish and Wildlife Service (the “Service”) on February 3, 2020 issued a proposed rule that for the first time would supply a uniform regulatory definition of the scope of liability under the Migratory Bird Treaty Act...more

Davis Wright Tremaine LLP

TRUMP TRACK: Sleep Well. Your Outside Cat Is Safe from Federal Prosecution

On January 30, 2020, the U.S. Fish and Wildlife Service (FWS) proposed a regulation formalizing its previously announced interpretation of the Migratory Bird Treaty Act (MBTA). Prior to this administration, the MBTA had been...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

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Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

California Affirms State Law Prohibition of Incidental Take of Migratory Birds Despite Contrary Federal Stance

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The California Department of Fish and Wildlife and the California attorney general have jointly issued an advisory regarding California’s state law protections for migratory birds. The three-page advisory affirms that...more

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