United States: Incidental Take Permits Under The Migratory Bird Treat Act — Why Is This So Difficult? - Foley Hoag LLP

Last week, the Fish and Wildlife Service issued a proposed rule that would revoke the rule promulgated by the Trump Administration in January 2021 and return to the prior status quo, in which the incidental take of birds subject to the Migratory Bird Treaty Act constituted a violation of the Act.