Migratory Bird Treaty Act Will Apply Only to Intentional Takes
Green Building Law Update
FEBRUARY 9, 2020
Last week, the U.S. Fish and Wildlife Service proposed a rule clarifying that the scope of the Migratory Bird Treaty Act only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the act. As I described in a 2017 blog post, Migratory Bird Treaty Act Reform is for the Birds , with five federal circuit courts of appeals divided on the question, it is important to bring regulatory certainty
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