Feds' Weakening Of Migratory Bird Protections Vacated

Law360 (August 11, 2020, 9:43 PM EDT) -- The U.S. Department of the Interior's recent move to loosen restrictions on the incidental killing of migratory birds illegally departed from decades of established practice and runs counter to the intent of a law designed to protect the creatures, a New York federal judge said Tuesday.

U.S. District Judge Valerie Caproni vacated 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 wrong to have claimed, as it did since the 1970s, the right to go...

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