Feds Drop 2nd Circ. Challenge Of Migratory Bird Protections

By Michael Phillis (February 26, 2021, 5:43 PM EST) -- The Biden administration told the Second Circuit it is withdrawing its appeal and will no longer fight to overturn a lower court's decision that threw out a Trump administration move to loosen restrictions on the incidental killing of migratory birds.

The Biden administration in a filing Thursday moved to leave in place an August decision by U.S. District Judge Valerie Caproni. That decision vacated U.S. Department of the Interior Solicitor Daniel Jorjani's 2017 opinion that said the Migratory Bird Treaty Act, or MBTA, allows for the criminal prosecution only of individuals and companies that intentionally kill migratory birds, and that the agency was...

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