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Responding To Migratory Bird Law Uncertainty Under Biden - Environment

As expected, on Oct. 4, the U.S. Fish and Wildlife Service published a final rule and issued a director's order formally revoking the rule thenPresident Donald Trump issued on Jan. 7. ....

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Crying Fowl: The Biden Administration Set to Unwind Trump MBTA Rule | K&L Gates LLP

On 29 September 2021, the U.S. Department of Interior (Interior) announced a series of actions to unwind a Trump-era rule in an effort to “to ensure that the Migratory Bird Treaty Act. ....

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Biden Administration to Rescind Trump's Migratory Bird Treaty Act

A series of actions were announced to revoke the Trump-era regulation that limited the scope of the MBTA and announced the intent to develop regulations that establish a permitting system to authorize the incidental take of migratory birds in certain circumstances. ....

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Wildlife Roundup | Holland & Hart LLP

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The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection statutes, the Biden Administration is likely to undo or revise many of those actions and seek ways to expand protection for sensitive species. In fact, it has already taken steps to do so. This increased focus on species conservation will likely result in additional wildlife avoidance, minimization, and mitigation obligations for project proponents. This article summarizes some of the recent changes in law, policy, and listing status relevant to protected wildlife under the Migratory Bird Treaty Act (MBTA), Endangered Species Act (ESA), and Bald and Golden Eagle Protection Act (BGEPA). ....

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Uncertainty About Migratory Bird Treaty Act "Takes": The Biden Administration Delays the Effective Date of the Final Regulations Governing Take of Migratory Birds | Liskow & Lewis

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On February 5, 2021, the Fish Wildlife Service (“FWS”), under the Biden administration, announced that it was delaying the effective date of a rule promulgated by the Trump administration regarding “incidental takes” and the Migratory Bird Treaty Act (“MBTA”). On January 7, 2021, the Trump administration published a final rule interpreting the MBTA as not prohibiting incidental takes, and this rule was set to take effect on February 8, 2021. The Biden administration delayed the effective date until March 8, 2021, and it has requested additional public comments on the rule through March 1, 2021. 86 Fed. Reg. 8716, published February 9, 2021. ....

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