Latham's Clean Energy Law Report

Tag Archives: Migratory Bird Treaty Act

US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act, and Bald & Golden Eagle Act Claims

By Christopher Garrett, Daniel Brunton and Taiga Takahashi On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal approvals for the Tule Wind Project. The Court of … Continue Reading

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

By Sara Orr and Jennifer Roy On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the unintentional take of migratory birds. Reversing a district court decision and … Continue Reading

US Fish & Wildlife Service Proposes First-of-its-Kind Migratory Bird Incidental Take Authorizations

By Benjamin Hanelin, Jennifer Roy, and Natalie Rogers On May 26, 2015, the US Fish and Wildlife Service (FWS) announced its intent to prepare a programmatic environmental impact statement (PEIS) to evaluate the potential impacts of permits authorizing the incidental take of migratory birds under the Migratory Bird Treaty Act (MBTA).  The PEIS will address, among … Continue Reading

Federal Approval of Tule Wind Project Upheld in District Court on NEPA, Migratory Bird Act, and Bald & Golden Eagle Act Claims

By Christopher W. Garrett, Daniel P. Brunton and Taiga Takahashi On March 25, 2014, in The Protect Our Communities Foundation et al. v. Jewell et al. [Click here to view the opinion], the US District Court for the Southern District of California issued a decision on a challenge to the Tule Wind Project and found in … Continue Reading

Decision on Cape Wind Offshore Wind Farm

By Christopher W. Garrett, Daniel P. Brunton and Taiga Takahashi On March 14, 2014, in Public Employees for Environmental Responsibility et al. v. Beaudreu et al. [click here to view opinion], the US District Court for the District of Columbia issued a decision on multiple challenges to the Cape Wind Offshore Wind Farm based on alleged violations of … Continue Reading

Ocotillo Wind-Energy Project Prevails in NEPA and Migratory Bird Treaty Act Challenges

By Christopher Garrett, Daniel Brunton, and Taiga Takahashi On November 6, 2013, in The Protect Our Communities Foundation v. Salazar, the U.S. District Court for the Southern District of California rejected a challenge to the Ocotillo wind-energy project based on the National Environmental Policy Act and the Migratory Bird Treaty Act. The Court’s holding on … Continue Reading

Expansive Interpretation of Strict Liability Under the Migratory Bird Treaty Act Takes Flight to the Fifth Circuit

By Buck B. Endemann and Taiga Takahashi In a previous report, we discussed United States v. Brigham Oil & Gas, L.P.,[1] where the court dismissed several misdemeanor charges under the MBTA against three oil and gas companies that conducted drilling operations in North Dakota, because the underlying activities were lawful, commercial activities. In United States … Continue Reading

Federal Court Clips Criminal Liability Under the Migratory Bird Treaty Act

By Buck Endemann and Taiga Takahashi A district court in North Dakota is the latest tribunal to reflect the growing reluctance among federal courts to criminalize otherwise lawful acts that result in the unintentional killing of birds protected by the Migratory Bird Treaty Act (“MBTA”). In United States v. Brigham Oil & Gas, L.P. (D.N.D. Jan. 17, … Continue Reading
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