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
FEBRUARY 24, 2021
The MBTA makes it illegal to take, kill, possess, transport, or import migratory birds, or their eggs, parts, or nests without a permit. 8716, published February 9, 2021. At the heart of the Trump administration MBTA rule is what constitutes a “take” under the MBTA. 16 U.S.C. § 50 CFR § 10.12. United States v. FMC Corp. , 2d 902, 908 (2d Cir.
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