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Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law

Citgo Petroleum Corp., In what may be considered a warning shot to overzealous federal prosecutors looking to obtain criminal convictions under the Clean Air Act (“CAA”) or the Migratory Bird Treaty Act (“MBTA”), the Court of Appeals reversed criminal convictions against Citgo related to violations of both Acts at its Corpus Christi refinery.

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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. CITGO Petroleum Corp. , Evans , 952 F.2d

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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. CITGO Petroleum Corp. , Evans , 952 F.2d