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
On February 29, 2024, the federal District Court for the District of New Jersey dismissed a challenge to eleven incidental take authorizations (ITAs) issued for offshore wind projects off the coasts of New York and New Jersey...more
Effective April 12, a new eagle take permitting regime will be in place. The eagle take permitting scheme has been criticized because of its overly conservative and burdensome requirements. These concerns culminated in a...more
On 29 September 2021, the U.S. Department of Interior (Interior) announced a series of actions to unwind a Trump-era rule in an effort to “to ensure that the Migratory Bird Treaty Act (MBTA) conserves birds today and into the...more
In her opening statement to an August 11 opinion, United States District Court Judge Valerie Caproni writes: “It is not only a sin to kill a mockingbird, it is also a crime.” Judge Caproni’s literary reference is the...more
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
A global leader in offshore wind power capacity, the UK has seen rapid expansion in the sector. Government policy and strong investor interest have resulted in robust growth in the development of offshore wind farms in the...more
With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more
Despite strong government support and growing capacity, a lengthy approval process may slow progress. In November 2018, the National Diet of Japan enacted the Act of Promoting Utilization of Sea Areas in Development of Power...more
A complex and sophisticated planning and approval process does not prevent opponents from raising environmental challenges—even after project approvals are awarded. The German federal government plans to further expand...more
Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable...more
On December 22, 2017 the U.S. Department of the Interior’s (“DOI”) Office of the Solicitor issued Memorandum M-370501 (the “M-Opinion”) interpreting the take prohibition of the Migratory Bird Treaty Act2 (“MBTA”) to apply...more
Renewable Energy Focus - Tesla acquires sister firm SolarCity for $2.6 billion - VentureBeat - Aug 1 - SolarCity Corp agreed to be acquired by sister company Tesla Motors Inc. in a deal worth $200 million...more
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
On May 4, 2016, the United States Fish and Wildlife Service (FWS) released a draft rule and Programmatic Environmental Impact Statement (PEIS) analyzing the impact of the proposed rule on eagles, and extending the duration of...more
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
The U.S. Court of Appeals for the Fifth Circuit, in United States v. CITGO Petroleum Corp., No. 14-40128 (5th Cir. September 4, 2015), reversed the district court’s convictions of Citgo Petroleum Corp. (Citgo) for alleged...more
USA v. Citgo Petroleum highlights the excruciating degree of detail in federal regulations and the gymnastics the EPA will employ justify a prosecution. The Fifth Circuit has reversed Citgo Petroleum’s conviction for...more
The US Department of Justice has issued a memorandum to all of its prosecuting Divisions, directing changes to the principles applied by DOJ in prosecuting civilly or criminally individuals who engage in corporate misconduct....more
The recent Fifth Circuit Court of Appeals decision that unintentional bird deaths under the Migratory Bird Treaty Act (“MBTA”) are not “takes” under the MBTA and therefore not subject to criminal liability, adds fodder to the...more
Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...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
Under the Migratory Bird Treaty Act (MBTA), it is unlawful to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill . . . any migratory bird” protected by the Act. 16 U.S.C. 703(a) & 704(a). In a recent...more
The Fifth Circuit Court of Appeals reversed a district court decision holding CITGO liable for three misdemeanors under the Migratory Bird Treaty Act (MBTA) for bird deaths (the opinion lists 35 birds, including “twenty...more
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