Law360
FWS Guidance On Incidental Bird Killings May Be Short-Lived
December 18, 2020
UPDATE: On January 7, 2021, the Fish and Wildlife Service published a final rule on its determination that the Migratory Bird Treaty Act does not prohibit incidental takes of migratory birds. The determination will be codified at 50 C.F.R. § 10.14.
***
On Nov. 27, the U.S. Fish and Wildlife Service took a major step toward cementing its position that the Migratory Bird Treaty Act, or MBTA, does not regulate incidental takings and killings of migratory birds with issuance of a final environmental impact statement, or FEIS, analyzing its interpretation that the MBTA's "take" prohibition is limited to purposeful takings directed at migratory birds only.
Related Blogs
Capabilities
Suggested News & Insights
OSHA Schedules Public Hearings on Deregulatory ProposalsJune 12, 2026EPA Proposal Could Reduce New Source Review-Related Delays for Major Construction ProjectsJune 8, 2026U.S. EPA Issues Latest Proposal to Amend the Risk Management Program: A Return to Regulatory Stability?May 2026Sidley Highly Ranked in Chambers USA 2026June 4, 2026The BUILD America 250 Act: Creating a Federal Framework for Autonomous Commercial VehiclesJune 1, 2026EPA Proposes Two-Year Delay of Biden-Era Vehicle Emissions StandardsMay 20, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory
