Department of the Interior Seeks to Withdraw Migratory Bird Treaty Act Liability Rule
By EsqSocial Corporation 11/05/21
In a proposed rule published May 7, 2021, the Biden Administration seeks to withdraw the Trump Administration’s Migratory Bird Treaty Act (MBTA) liability rule. The MBTA liability rule was published as a final rule on January 7, 2021, and provided the first regulatory definition of the scope of liability for take of migratory birds under the MBTA. Adopting one side of a court split, that rule interpreted the MBTA’s prohibitions as applying only to actions that are “directed” at migratory birds,...
By: Beveridge & Diamond PC