News & Analysis as of

Migratory Bird Treaty Act (MBTA)

Allen Matkins

Commission Grants Burrowing Owls “Candidate” Species Protections Under the California Endangered Species Act

Allen Matkins on

At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl (Athene cunicularia hypugaea) as an endangered or threatened species in...more

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

Migratory Birds/Commercial Buildings: Center for Biological Diversity Petitions U.S. Fish and Wildlife Service to Set Up...

The Center for Biological Diversity (“CBD”) and 27 other bird and wildlife conservation organizations from 23 states submitted a Petition to the United States Fish and Wildlife Service (“Service”) styled: Petition for...more

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

Husch Blackwell LLP

Taking Permitting to New Heights: New Eagle Take Permit Rule’s Impact on Project Developers and Operators

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Last month, in 89 FR 9920, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule revising the eagle take permit (“ETP”) process. USFWS believes the new rule will encourage more participation in the ETP program...more

Nossaman LLP

On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?

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From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

Nossaman LLP

[Webinar] Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead? - September 1st, 1:00 pm -...

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From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more

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

Lead Ammunition/Tackle: Center for Biological Diversity Petition to U.S. Fish and Wildlife Service Requesting National Wildlife...

The Center for Biological Diversity and two other organizations (collectively “CBD”) submitted a June 8th Petition to the United States Department of Interior and United States Fish and Wildlife Service (collectively “USFWS”)...more

Husch Blackwell LLP

U.S. Fish and Wildlife Service Makes Clear Its Commitment to Eagle Protection with a $35 Million Eagle Death Settlement and...

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The already-complicated relationship between wind energy and eagles has taken center stage recently. The U.S. Fish and Wildlife Service (USFWS) is ramping up its efforts to protect bald and golden eagles at development...more

Verrill

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

Verrill on

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

Verrill

Incidental Take of Migratory Birds Prohibited Once Again as New MBTA Rule Becomes Effective

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A U.S. Fish and Wildlife Service (“FWS”) final rule that presumptively reinstates liability for incidental take under the Migratory Bird Treaty Act (“MBTA”) becomes effective on December 3. The new rule revokes a Trump-era...more

Stoel Rives - Renewable + Law

Biden Administration Revokes Trump Administration MBTA Rule and Initiates Rulemaking for MBTA Incidental Take Permitting Program

Earlier this month, the Fish and Wildlife Service (“Service”) published a final rule revoking the Trump Administration’s rule on incidental take under the Migratory Bird Treaty Act (“MBTA”), as well as an advanced notice of...more

Brownstein Hyatt Farber Schreck

Regulatory Ping Pong Creates New Enforcement Paradigms for Migratory Bird Treaty Act

On Oct. 4, 2021, the Fish and Wildlife Service (“FWS”) issued a final rule, effective Dec. 3, 2021, restoring the Migratory Bird Treaty Act (“MBTA”) to prohibit the incidental take of migratory birds. The interpretation and...more

K&L Gates LLP

Crying Fowl: The Biden Administration Set to Unwind Trump MBTA Rule

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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

Perkins Coie

US Fish and Wildlife Service Reinstates MBTA Interpretation and Seeks Input on Take Permitting Scheme

Perkins Coie on

The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds. Revocation of...more

Troutman Pepper

Changes to Migratory Bird Treaty Act Program Announced

Troutman Pepper on

On October 4, the U.S. Fish and Wildlife Service (FWS) published a revision of its interpretation of the Migratory Bird Treaty Act (MBTA). With the final rule, FWS has effectively reinstated its position that “incidental...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

Beveridge & Diamond PC

Incidental Take of Migratory Birds Once Again a Federal Crime; FWS Considering New Permitting Program

Beveridge & Diamond PC on

After a brief hiatus, incidental take of migratory birds will again be a federal crime beginning December 3, 2021. Less than 10 months after instituting a final rule declaring that incidental take of birds is not subject to...more

Allen Matkins

California Environmental Law & Policy Update - October 2021

Allen Matkins on

U.S. to resume enforcement of unlawful bird deaths by industry - Associated Press – September 29 - The Biden administration said Wednesday that it will draft rules under the Migratory Bird Treaty Act over the next...more

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

Migratory Bird Treaty Act: Strengthening Legislation Introduced

Congressman Alan Lowenthal (CA-47) and Congressman Brian Fitzpatrick (PA-01) recently introduced the Migratory Bird Protection Act (“Proposed Act”). The two sponsors and various allied supporters state that the...more

WilmerHale

Emerging Trends in US Offshore Wind Energy Development

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Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...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

Stoel Rives - Renewable + Law

Biden Administration Proposes Rollback of Trump Administration Migratory Bird Rule

In May, the U.S. Fish and Wildlife Service (“Service”) announced a proposed rule revoking the Trump administration’s final rule on incidental take under the Migratory Bird Treaty Act (“MBTA”). In the January 7, 2021 final...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

On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate - June 15th, 11:00 am - 12:30 pm...

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

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