A district court vacated DOI's 2017 policy allowing incidental takings and killings of migratory birds. Environmental groups and states challenged the policy, arguing that it violated the…
A district court granted in part and denied in part DOI's motion to dismiss a challenge to its 2017 interpretation of the Migratory Bird Treaty Act that permitted the "incidental"…
The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued…
The Second Circuit upheld a "depredation permit" FWS issued to the Port Authority of New York and New Jersey authorizing the emergency "take" of migratory birds that threaten…
The Fifth Circuit reversed an oil company's convictions for violating the CAA and Migratory Bird Treaty Act (MBTA) in connection with its wastewater treatment system at its Corpus Christi…
A district court held that oil and gas companies should not be criminally charged under the Migratory Bird Treaty Act (MBTA) for the death of migratory birds found in North Dakota oil fields.…
The Tenth Circuit held that the Migratory Bird Treaty Act (MBTA) applies a strict liability standard to the taking or killing of migratory birds but that it requires a defendant to proximately…
The court affirmed a lower court decision denying a motion for preliminary injunction that would require the protection of mute swans under the Migratory Bird Treaty Act. The Act, which implements…
The court holds that the Migratory Bird Treaty Act (MBTA) and its implementing regulations do not preempt Arkansas regulations governing captive-reared mallard ducks. Captive-bred ducks do not…
The court holds that the federal government failed to show how limiting permits for eagle feathers only to members of federally recognized tribes is the least restrictive means of advancing the…