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.
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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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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As a favor to the community I m posting President Biden s order to agencies to undertake a review of Trump era environmental regulations.
Yesterday was also an important day for Mother Nature and the nation. The US Court of Appeals for the District of Columbia Circuit unanimously tossed the Trump administration s replacement for Obama s Clean Power Plan (CPP) back to EPA. The Agency will now be coming out with some version of the CPP.
Look for my continuing comments on these and other Biden administration efforts to put the nation s economy on a low-carbon trajectory.
In the meantime, feel free to ask questions you might have. I ll do my best to answer them.