MBTA: Unintended Consequences Of An Old Law

Law360, New York (November 16, 2015, 1:02 PM EST) -- Congress passed the Migratory Bird Treaty Act (MBTA) in 1918 in order to implement a treaty between the United States and Great Britain on behalf of Canada. The MBTA was passed to protect migratory birds from overzealous sport and commercial hunting practices, stemming in large part not from a demand for food but for feathers desired by the millinery industry to adorn women's hats. While the MBTA has changed very little, the world we live in has changed a great deal and the most significant threats to migratory birds today are vastly different than in the past. Safeguarding migratory birds from modern day threats is a continuing challenge made even more difficult by varying regulatory and judicial interpretations of what many consider to be an antiquated statute....

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