Liability For Incidental Migratory Bird Killings Still In Flux

Law360 (September 11, 2020, 5:23 PM EDT) -- Does the Migratory Bird Treaty Act prohibit incidental takings and killings of migratory birds? Following the U.S. Department of the Interior's issuance of contradictory legal opinions under the Obama and Trump administrations in 2017, and an Aug. 11 decision in Natural Resources Defense Council v. Department of the Interior issued by U.S. District Judge Valerie Caproni of the U.S. District Court for the Southern District of New York, the answer is even more uncertain.

While the DOI is poised to issue a final rule clearing up this uncertainty and solidifying its position that the Migratory Bird Treaty Act does not prohibit incidental takings,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!