Barbara Klepper

1 week ago | natlawreview.com | Barbara Klepper |Lynn L. Bergeson |Carla N. Hutton |Eric J. Murdock

The scope of the prohibition of “take” under the Migratory Bird Treaty Act (MBTA or the Act) – and specifically whether the prohibition includes the incidental (unintentional) take of migratory birds – is an issue that has been hotly debated for years. As we reported previously, the federal circuit courts do not agree on the issue, and the federal government’s position has changed several times in recent years, depending on the political party in control of the Executive Branch.