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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

The Energy Law

If incidental takes are actionable under the MBTA, this raises possible MBTA liability in a variety of industries (such as wind projects, petroleum refineries, and other energy and infrastructure projects) whose normal day-to-day operations can have unintentional effects on migratory birds. 8716, published February 9, 2021. 16 U.S.C. §

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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

The Energy Law

If incidental takes are actionable under the MBTA, this raises possible MBTA liability in a variety of industries (such as wind projects, petroleum refineries, and other energy and infrastructure projects) whose normal day-to-day operations can have unintentional effects on migratory birds. 8716, published February 9, 2021. 16 U.S.C. §