avian protection
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Legal & RegulatoryBird Policy Prepares for Another Migration With New Administration
The Trump administration’s final rule interpreting the Migratory Bird Treaty Act (MBTA) to not prohibit the incidental take (accidental injury or death) of migratory birds recently hatched. But with the Biden administration taking the regulatory reins on Jan. 20, 2021, this lame-duck regulation will be quickly grounded. COMMENTARY Anticipating this, power companies should remain vigilant […]
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Legal & RegulatoryPower Companies Advance Voluntary Avian Protection Without Threat of Liability for Incidental Take
With shifts in political winds come shifts in agency legal interpretations. In January 2017, the solicitor of the U.S. Department of the Interior (DOI) issued a formal legal opinion interpreting the Migratory Bird Treaty Act (MBTA) to prohibit the incidental take (accidental injury or death) of migratory birds. This “midnight” legal opinion was widely viewed […]