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To Kill a Mocking Bird - Trump Administration Finalizes Rule Narrowing Migratory Bird Treaty Act | K&L Gates LLP

To embed, copy and paste the code into your website or blog: 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). 1 Under the new rule (which President Biden has already directed the Department of the Interior (Interior) to review), the Fish and Wildlife Service (the FWS) has declared that the MBTA covers only intentional, and not incidental, take of protected birds, memorializing a memorandum that was rejected by a federal court last August. 2 The new rule if it withstands legal challenges and efforts by the Biden administration and Congress to reverse it significantly reduces the activities that would result in liability under the Act, and as a result, reduces the risks businesses and developers face.

Unprecedented Rollback of Bird Protections Cemented in Administrations Final Days

Take Action (WASHINGTON) “The Trump administration is kicking off the new year and its remaining weeks by finalizing its illegal bird-killer policy,” said Sarah Greenberger, senior vice president for conservation policy, National Audubon Society. “This brazen effort will most certainly be in vain as the administration already found out in court that it can’t unilaterally gut the Migratory Bird Treaty Act and its obligation to protect and conserve birds. Today the Department of the Interior released its Record of Decision (ROD) in the last step to strip away critical protections in the  Migratory Bird Treaty Act (MBTA) . The effort has received widespread and bipartisan opposition including from members of Congress, more than 25 states, numerous tribal governments, scientists, sportsmen, birdwatchers, and 250,000 people who submitted comments opposing the proposed rule change. In August, a  federal court invalidated the policy  that serves as the legal founda

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