migratory bird treaty act nest removalmigratory bird treaty act nest removal

The 1960 amendment was enacted prior to the initial prosecutions for take by industrial activities at a time when Congress had no reason to believe the MBTA could potentially reach beyond hunting and commercial use of birds. Comment: One commenter focused on impacts of wind energy and suggested that the final rule should provide language that terminates wind-energy projects where the migratory bird mortality levels are not remediable. If promulgated, the rule would force Service employees to act as private detectives with the nearly (and from all appearances, deliberately) impossible task of proving what was in the hearts and minds of violators. An activity that causes incidental take will never be directed at migratory birds regardless of the actor's knowledge of the potential consequences. We established 45 days as an appropriate period for public comment on the draft EIS. headings within the legal text of Federal Register documents. We refer the commenter to the analysis of the economic impacts of interpreting the scope of the statute to prohibit incidental take in the EIS and regulatory impact analysis conducted to comply with Executive Orders 12866, 13563, and 13771. (1) You may humanely remove a trapped migratory bird from the interior of a residence or a commercial or government building without a Federal permit if the migratory bird: (i) Poses a health threat (for example, through damage to foodstuffs); . . of Regents, 385 U.S. 589, 599 (1967). You will be directed to the following website in 5 seconds: We hope your visit was informative and enjoyable. NEPA also requires Federal entities to assess potential mitigation of unavoidable adverse environmental impacts, which may include analysis of project design or mitigation measures that reduce potential impacts to migratory birds. Compare Mexico Treaty Act, 49 Stat. Many other methods of hunting, capturing, pursuing, taking, or killing birds no doubt exist, and that is precisely the point. Id. The Service received many responses during the public comment period for the proposed rule from migratory bird experts and interested non-governmental organizations. We did not receive any information on that issue during the public comment period for this rule. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would not have a significant economic impact on a substantial number of small entities. No data available on fleet size. However, Congress did not do either of those things; instead, it temporarily exempted incidental taking caused by military-readiness activities from the MBTA prohibition and directed the Service to issue MBTA regulations to create a permanent authorization for military-readiness activities. 16 U.S.C. While the MBTA does contemplate the issuance of permits authorizing the taking of wildlife, it requires such permits to be issued by regulation. See 16 U.S.C. These cases demonstrate the potential for a convoluted patchwork of legal standards; all purporting to apply the same underlying law. This table of contents is a navigational tool, processed from the Data not available for adjustment of turbine construction locations. Geer v. Connecticut, 161 U.S. 519, 523 (1896) (quoting Digest, Book 41, Tit. The meaning of written instruments does not alter. DOI and the bureaus do not guarantee that outside websites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act. $4,000 initial and $50 annual for side setting. The commenters called for more protections and see the proposed rule as weakening actions for the conservation of migratory birds. 4, 1972) (Japan Convention); Convention between the United States of America and the Union of Soviet Socialist Republics Concerning the Conservation of Migratory Birds and their Environment, 29 U.S.T. Response: Per the National Environmental Policy Act (NEPA), the Service analyzed the impacts mentioned by the commenter within the draft Environmental Impact Statement (EIS) published June 5, 2020. For complete information about, and access to, our official publications To pretend otherwise ignores the agency's own established practices and guidance and constitutes another failure of the Federal Government's trust responsibilities. This difference is underscored by the recent Federal district court decision vacating the M-Opinion. Comment: Multiple commenters suggest that the Service's choice to release a proposed rule based on a policy change it is already implementing, and conduct a NEPA analysis after-the-fact, turns NEPA on its head. The commenters conclude that the Service should focus enforcement of incidental take on large-scale, high-mortality, and predictable situations where unintentional loss of migratory birds is likely to occur, based on the best scientific information. documents in the last year, 18 Likewise, during hearings of the House Foreign Affairs Committee, Congressman Miller, a vigorous fighter, who distinguished himself in the debate over the MBTA, Leaders in Recent Successful Fight for the Migratory Bird Treaty Act, BulletinThe American Game Protective Association, July 1918, at 5, put the MBTA squarely in the context of hunting: I want to assure you . . "Take" broadly means to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, transport." The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. . No regulations have been issued to create a permit scheme to authorize incidental take, so most potential violators have no formal mechanism to ensure that their actions comply with the law. The Service will continue to investigate instances of unauthorized taking or killing directed at migratory birds. Ctr. 1978) (the court instructed the jury not to consider the company's remediation efforts as a defense: Therefore, under the law, good will and good intention and measures taken to prevent the killing of the birds are not a defense.). structure In rural areas, vultures have been known to predate young or vulnerable livestock, which is of great concern . It is also illegal for anyone to keep a nest they take out of a tree or find on the ground unless they have a permit to do so issued by the U.S. 1978); Ctr. A few examples of our partnership work include: (1) Managing and implementing grant programs under the Neotropical Migratory Bird Conservation Act and North American Wetlands Conservation Act, (2) using Joint Ventures to build regional partnerships for habitat and species conservation, and (3) working with other Federal, State, and industry partners to develop voluntary solutions for reducing impacts to migratory birds and their habitat. Simply stating that the Service has used the best available science is not sufficient. Response: We acknowledge this comment and submit that we will continue to implement relevant domestic laws and regulations and provide technical advice and assistance to our treaty partners and encourage continued conservation and protection of migratory birds to the extent authorized by their domestic laws. 1914); United States v. McCullagh, 221 F. 288 (D. Kan. 1915). Comment: One commenter stated that as a result of the Federal Circuit Court split and dueling Solicitor's opinions, and without MBTA regulations addressing what activities are prohibited under the MBTA, the same activities that are entirely lawful in some parts of the country could give rise to strict criminal liability in parts of the country in which Federal Circuit Courts have held that unintentional take is prohibited under the MBTA. Response: Monitoring bird populations is outside the scope of this action. The list of applicable migratory birds protected by the MBTA is currently codified in title 50 of the Code of Federal Regulations at 50 CFR 10.13. We solicited public comments on the proposed rule for 45 days, ending on March 19, 2020. When a Secretary of Agriculture does a thing of that kind I have no hesitancy in saying that he is doing a thing that is utterly indefensible, and that the Secretary of Agriculture who does it ought to be driven from office. 13771 (82 FR 9339, February 3, 2017) deregulatory action. (4) We reserve the right to suspend or revoke the authority of any agency or individual to undertake In the proposed rule and the NEPA notice of intent, and during the public scoping webinars, the Service requested that new information and data be provided to update our current information on sources and associated magnitude of incidental take. Any attempt to permanently weaken the MBTA, which will perpetuate, and almost certainly increase, the level of injury and death of migratory birds, needs concurrence by Canada, Mexico, Japan, and Russia if our treaty obligations are to have any true meaning. Subsequent Protocols amending both these Conventions also did not explicitly address incidental take or otherwise broaden their scope to prohibit anything other than purposeful take of migratory birds. These cases are also inapposite because they do not interpret the term kill in relation to adjacent, related terms that could be read to limit effectively the scope of kill in its general sense. . Other factors entities consider include public perception, status as a green company, size of company, cost of implementation, perceived risk of killing migratory birds, or availability of standard industry practices. The Service has provided three opportunities to submit comments through the scoping notice, the proposed rulemaking, and the publication of the draft EIS. Subsequent legislative history does not undermine a limited interpretation of the MBTA, as enacted in 1918. for Biological Diversity v. Pirie, 191 F. Supp. Regarding the commenter's statements on enforcing a negligence standard, the misdemeanor provision of the MBTA contains no mental state requirement and is a strict-liability crime. The Solicitor's interpretation marked a change from prior U.S. documents in the last year, 493 However, this rulemaking is not expected to affect significantly those continuing declines. If the purpose of the referenced activity were specifically to remove active bird nests, then that activity would still be a violation of the MBTA and a permit would be required before any removal could lawfully proceed. Thirteen States (Illinois, Arkansas, Oklahoma, Texas, North Dakota, South Dakota, Nebraska, Montana, Wyoming, Colorado, Utah, New Mexico, and California) have regulations governing the treatment of oil pits such as netting or screening of reserve pits, including measures beneficial to birds. In the Service's evaluation of those impacts, it is critical to compare the proposed rule's impacts with the prior interpretation of the MBTA represented in M-37041, which concluded that the MBTA prohibits incidental take. The Service's Office of Law Enforcement will continue to investigate unauthorized taking and killing of migratory birds resulting from actions directed at migratory birds. Only Congress can enact or amend statutory language. 22-23 (1917) (statement of R.W. We currently authorize, and will continue to authorize, various activities that directly take migratory birds through our permit regulations at 50 CFR part 21. Specifically, an agency shall commence preparation of an [EIS] as close as possible to the time the agency is developing or is presented with a proposal. The DOI should suspend M-Opinion 37050 while the Service considers the environmental impacts as required by NEPA. For this reason, we cannot introduce a mental-state requirement such as negligence to the MBTA's misdemeanor provision. By codifying the Service's interpretation, first outlined in Solicitor's Opinion, M-37050, this rulemaking would remove legal uncertainty for any individual, government entity, or business entity that undertakes any activity that may kill or take migratory birds incidental to otherwise lawful activity. The Service eliminated that alternative from further consideration because developing a general-permit system would be a complex process and better suited to analysis in a separate, subsequent proposal. Therefore nest box monitors are legally allowed to remove or harass them. 10, 45 Stat. Any statements made by the United States in prior international meetings regarding whether the MBTA prohibits incidental take would have been consistent with the Department's interpretation of the MBTA at that time, but we have since changed our position as reflected by this rulemaking. It is anticipated that some entities that currently employ mitigation measures to reduce or eliminate incidental migratory bird take would reduce or curtail these activities given the legal certainty provided by this regulation. See Rollins, 706 F. Supp. State partners are critical to the conservation of migratory birds, and we encourage States to continue to conserve and manage migratory bird species consistent with the MBTA and would be happy to engage with and assist our State partners in their management and conservation of MBTA species. This administration's sudden policy change has thrown decades of practice and policy into upheaval for all entities, including industry, Federal, State, local, and international agencies, conservation groups, and more. Rather, it is the only possible reading of the MBTA that accomplishes its intended purpose. 10, 1972, 23 U.S.T. The 1986 amendment and corresponding legislative history reveal only an intention to close a loophole that might prevent felony prosecutions for commercial trafficking in migratory birds and their parts. Defense Council v. U.S. Dep't of the Interior, 2020 WL 4605235 (S.D.N.Y.). The commenters noted that through judicious enforcement and by working directly with industries to develop and implement best management practices, the MBTA has provided a key incentive for adopting common-sense practices that protect birds. The commenter further noted that the Service failed to disclose the thought process followed in the selection of the proposed course of action in the proposed rule. It is not required for projects to submit data on incidental take; however, we encourage proponents voluntarily to submit these data so that we are able to track bird mortality. . Comment: One commenter suggested that the proposed rule should be abandoned because the meanings of take and kill need to be given broad interpretations to achieve the remedial purpose of protecting wildlife and remain consistent with the common law definitions of these terms. 2. 703) (see . $4,600 for Tori line In seeking to take a broader view of congressional purpose, the Moon Lake court looked to other contemporary statements that cited the destruction of habitat, along with improvements in firearms, as a cause of the decline in migratory bird populations. . See, e.g., Size distribution of oil pits is unknown. In the absence of a permit issued pursuant to Departmental regulation, it is not clear that the Service has any authority under the MBTA to require minimizing or mitigating actions that balance the environmental harm from the taking of migratory birds with other societal goals, such as the production of wind or solar energy. See id. That does not mean, however, that Congress intended for strict liability to apply to all forms of human activity, such as cutting a tree, mowing a hayfield, or flying a plane. Those laws require the Forest Service to manage national forests so as to balance many competing goals, including timber production, biodiversity, protection of endangered and threatened species, human recreation, aesthetic concerns, and many others.). This rulemaking may violate federalism rules, as States will be required to use their budgets to implement migratory bird protection actions, including regulation development and permit systems. When Congress did attempt to assert a degree of Federal jurisdiction over wild game with the 1913 Weeks-McLean Law, it was met with mixed results in the courts, leaving the question pending before the Supreme Court at the time of the MBTA's enactment. This rule effectively removes that directive. It is not part of the official APA rulemaking process or docket and plays no part in the agency's ultimate decision. Comment: A commenter stated that the Service has done little to demonstrate how this proposed rule actually benefits birds, instead focusing almost exclusively on economic interests of previously regulated industries. E.O. Protected wildlife includes those species listed as Endangered, Threatened or Species of Special Concern. However, States may decide to expend resources for conservation and recovery of these species due to this rulemaking. We also note that this problem already exists in large part and do not expect this rulemaking to significantly contribute to inconsistencies in State laws. Permit holders would have no risk of prosecution provided they comply with the terms of the permit. on The Service will continue to implement the full suite of regulations authorizing conduct directed at migratory birds. In this Issue, Documents Comment: A letter from some members of the U.S. Senate stated that the stakes of the proposed rule are considerable, and like the legal opinion, it will have a significant detrimental impact on migratory birds. Those who engage in such activity and who accidentally kill a protected migratory bird or who violate the limits on their permits may be charged with misdemeanors without proof of intent to kill a protected bird or intent to violate the terms of a permit. The commenters noted that the proposed rule change is extremely limited in scope as it fails to address the evolution of threats to migratory birds or to ensure the sustainability of healthy bird populations. Bird monitoring in some States may continue to be required under State policies. Potential due process concerns are relevant when the language of a statute is ambiguous and assist in divining its proper meaning. Active Control. 4647 (Nov. 19, 1976) (Russia Convention). Comment: Multiple commenters noted that NEPA requires that decisions be analyzed in a public process before an agency irretrievably commits its resources. . In making this change, the Senate Report noted that the amendment was not intended in any way to reflect upon the general application of strict liability under the MBTA.. Section 3(a) of the MBTA authorizes and directs the Secretary of the Interior to adopt suitable regulations allowing hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any such bird, or any part, nest, or egg thereof while considering (having due regard to) temperature zones and distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds. 16 U.S.C. ), which implements treaties with Canada, Mexico, Japan, and the Russian Federation. 1, De Adquir. 2010); United States v. Corbin Farm Serv., 444 F. Supp. The Service completed these consultations prior to publication of this final rule. Response: The commenter misconstrues our interpretation of the MBTA's criminal misdemeanor provision in section 6. Osprey are protected by the Migratory Bird Treaty Act (MBTA) and may be afforded additional state protections in some loca-tions. Response: We agree with the commenter that interpreting the MBTA to prohibit incidental take could potentially lead to some of the cited absurd results. like what a tree nesting species might build. The following text presents the substantive comments we received and responses to them. See Scalia & Garner at 195 (The canon especially holds that `words grouped in a list should be given related meanings. . ' (quoting Third Nat'l Bank, 432 U.S. at 322)). It is not part of the rulemaking record, and we did not consider the statements included in the press release as official public comments. Even if the terms were ambiguous, the proposed rule's attempt to meld all the prohibited conduct into a singular meaning is unsupported by any canon of statutory interpretation. As the U.S. Supreme Court recognized 100 years ago, State-level protections are insufficient to protect transient species that travel outside of a State's territorial bounds. Thus, codifying the Service's interpretation of the scope of the MBTA under a gross negligence standard would only serve to reduce legal certainty. High variability in cost and need to retrofit power poles. In fact, such partnerships will likely become increasingly important to promote conservation of migratory birds and lead to greater consistency in both conservation and regulation nationwide. Comment: The Service must reconcile how this action aligns with other legal statutes that protect birds and demonstrate how the rule aligns with other statutory obligations such as the Fish and Wildlife Conservation Act, which obligates monitoring for bird populations. The Service will continue to manage and enforce the provisions of the MBTA as they relate to activities directed at migratory birds, including ensuring those holding take permits are accountable for complying with these permits. These efforts and partnerships are not impacted by this rulemaking, and data will continue to drive the actions of the Service to protect migratory birds. Any likely impacts of a Federal action on migratory bird species also listed under the ESA would require consultation whether or not incidental take of that species is prohibited under the MBTA. Many of the companies and projects that face potential liability under the MBTA operate across boundary lines for judicial circuits. The Service must consider how its proposed interpretation is consistent with that diplomatic exchange and seek Canada's views on the Service's new interpretation in light of that exchange. It also places the weight of inertia upon the party that can best induce Congress to speak more clearly and keeps courts from making criminal law in Congress's stead. United States v. Santos, 553 U.S. 507, 514 (2008) (internal citations omitted). Comment: The Service cannot conduct a credible NEPA process based on the timeline and chronology it has presented at this point. This newfound Federal authority was not accompanied by any corresponding legislative change. The Migratory Bird Treaty Act (MBTA; 16 U.S.C. 2015), which only holds that the MBTA does not impose strict liability for nonculpable omissions. Voluntary efforts and development of industry best practices are an indispensable part of this approach, particularly given that the substantial decreases in migratory bird populations over the last 50 years have occurred despite the prior agency practice of enforcing the MBTA with respect to incidental take. Contrary to the suggestion of the courts in Moon Lake and Apollo Energies that principles of proximate causation can be read into the statute to define and limit the scope of incidental take, the death of birds as a result of activities such as driving, flying, or maintaining buildings with large windows is a direct, reasonably anticipated, and probable consequence of those actions. We conducted the NEPA analysis at the appropriate time to analyze the environmental effects of this rulemaking to codify that interpretation. Comment: Multiple commenters felt the manner in which this proposed rulemaking was announced on January 30, 2020, by the Service's Office of Public Affairs was improper and a violation of the APA (Pub. The Service has completed these consultations with all interested parties. Interpreting the statute to reach only actions directed at migratory birds would not nullify these amendments. Meridian also located numerous nests . See Fish and Wildlife Improvement Act of 1978, Public Law 95-616, sec. The Service is partner to multiple efforts to track migratory bird populations (e.g., Partners in Flight Landbird Plan, Avian Conservation Assessment Database, etc.). for better understanding how a document is structured but Response: There are many other factors that influence an entity's decision to implement measures that may protect migratory birds from incidental take. However, in lieu of an initial or final regulatory flexibility analysis (IRFA or FRFA) the head of an agency may certify on a factual basis that the rule would not have a significant economic impact on a substantial number of small entities. 2d at 1080-81. Migratory Bird Permit | U.S. Response: We constructed the purpose and need in the draft EIS to reflect our proposal to codify the correct interpretation of the MBTA as it relates to incidental take. The list of birds now protected as `migratory birds' under the MBTA is a long one, including many of the most numerous and least endangered species one can imagine. Mahler, 927 F. Supp. Response: As explained by the Fifth Circuit in the CITGO case, the 2003 Authorization Act does not require the conclusion that Congress interpreted the MBTA to apply broadly to incidental take. . (emphasis added)). Electric Bulk Power Transmission (NAICS 221121), Retrofit power poles to minimize eagle mortality, $7,500 per power pole with high variability of cost. We do not rely on an argument that section 2's application to incidental take would demonstrate ambiguity simply because Congress could not have foreseen that application in 1918. The commenter is essentially proposing adopting an extra-hazardous activity requirement as a proxy for negligence or gross negligence. Comment: Multiple commenters suggested that reinterpretation of the MBTA will cause tension with Canada, whose migratory bird populations will also be affected by rules that are more lenient. Prior to the publication of the proposed rule, the Service held a NEPA scoping webinar on March 16, 2020, that we allowed only Tribal members to attend, with the sole purpose of informing Tribes of the proposed action. Trucking Ass'ns, 531 U.S. 457, 468 (2001). We note that on August 11, 2020, a district court vacated M-37050 and held that the plain language of the MBTA prohibits incidental take. In addition to the snowy egret and the sandhill crane, the wood duck was one of the threatened species that prompted the passage of the Migratory Bird Treaty Act of 1918, after a landmark Supreme Court case, Missouri v. Holland, that asserted the federal government's right to regulate hunting. 11 (1917) (statement of E. W. Nelson, Chief Bureau of Biological Survey, Department of Agriculture). Jerome Ford, Assistant Director, Migratory Birds, at 202-208-1050. . xMigratory Bird Treaty Act of 1918 (16 U.S.C. "In reference to your request for documentation for the removal of an active Osprey nest from the light pole at the soccer field, please be advised that none exist. We note, however, that NEPA does not provide substantive environmental protections by itself. New Documents The documents posted on this site are XML renditions of published Federal 2d 1202 (D.N.D. . (quoting SEC v. Nat'l Sec., Inc., 393 U.S. 453, 466 (1969)); Beecham v. United States, 511 U.S. 368, 371 (1994) (the fact that several items in a list share an attribute counsels in favor of interpreting the other items as possessing that attribute as well). Comment: Multiple commenters supported the proposed action because a clarification of the scope of the MBTA was needed to avoid unnecessary regulation of industry projects. At the very least, the Department should not be providing the minimum comment period. The commenter stated that this ruling and analysis further undermine the Service's justification for reversing course on many decades of prior policy and practice in implementing the MBTA. The commenter questions what economic progress has been halted due to the protections of the MBTA and how this action is in the best interest of the American people. Exceptions are allowed for hunting . . The Service is committed to working with those that voluntarily seek to reduce their project-related impacts to migratory birds. Data are unavailable regarding fleet size and how many measures are employed on each vessel. 1531 et seq.) 2015), which held that the MBTA does not prohibit incidental take. This final rule defines the scope of the MBTA to exclude incidental take, thus incidental take that occurs anywhere within the United States and its territories is not an enforceable violation. include documents scheduled for later issues, at the request . The text and purpose of the MBTA indicate that the MBTA's prohibitions on pursuing, hunting, taking, capturing, killing, or attempting to do the same only criminalize actions that are specifically directed at migratory birds, their nests, or their eggs.Start Printed Page 1135. For example, the Digest of Justinian places take squarely in the context of acquiring dominion over wild animals, stating: [A]ll the animals which can be taken upon the earth, in the sea, or in the air, that is to say, wild animals, belong to those who take them. Thus, it is unclear what activities are extrahazardous. In FMC, the concept was applied to the manufacture of toxic chemicals, i.e., pesticides. Id. We disagree with the commenter's interpretation of the MBTA and our nondiscretionary and discretionary duties to implement the MBTA. States remain free to prohibit, manage, or regulate incidental take of migratory birds as they see fit under State law, and nothing in this regulation or the MBTA prevents them from doing so. See U.S. documents in the last year, 1494 These can be useful Tour routes of great scenic drives on National Wildlife Refuges. 7455 (1918) (statement of Rep. Mondell)). Courts of Appeals in the Second and Tenth Circuits, as well as district courts in at least the Ninth and District of Columbia Circuits, have held that the MBTA criminalizes some instances of incidental take, generally with some form of limiting construction. Regulations authorizing conduct directed at migratory birds, at the very least, the concept was applied the! This rule 5 seconds: we hope your visit was informative and enjoyable, 599 ( )... The Interior, 2020 WL 4605235 ( S.D.N.Y. ) see U.S. in... Impacts to migratory birds 519, 523 ( 1896 ) ( statement of Rep. ). Appropriate time to analyze the environmental impacts as required by NEPA ( FR. Dep'T of the MBTA that accomplishes its intended purpose Act of 1918 ( 16 U.S.C each.! The minimum comment period for the conservation of migratory birds regardless of the Rehabilitation Act interpreting the to... 432 U.S. at 322 ) ) prosecution provided they comply with Section 508 ( Requirements... Would not nullify these amendments presented at this point at 195 ( the canon especially holds that the MBTA not. The appropriate time to analyze the environmental impacts as required by NEPA non-governmental organizations retrofit power poles not part the! Substantive environmental protections by itself following website in 5 seconds: we hope your was. 37050 while the Service has used the best available science is not part of the actor 's knowledge of official. For 45 days as an appropriate period for the conservation of migratory birds ) of the Interior, WL! Investigate instances of unauthorized taking or killing directed at migratory birds, at 202-208-1050. those that voluntarily to! Issuance of permits authorizing the taking of wildlife, it is not sufficient 1978, public law 95-616,.. And need to retrofit power poles under the MBTA which is of great drives. Never be directed to the manufacture of toxic chemicals, i.e., pesticides the 's... Which only holds that the MBTA that accomplishes its intended purpose Requirements ) of the permit jerome Ford Assistant. V. U.S. Dep't of the companies and projects that face potential liability under the and. Useful Tour routes of great concern consultations with all interested parties comment period measures are on... Navigational tool, processed from the Data not available for adjustment of turbine construction.... Outside websites comply with the terms of the Interior, 2020 WL 4605235 ( S.D.N.Y ). To this rulemaking process concerns are relevant when the language of a statute is and... 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Supp available for adjustment of turbine construction locations may continue be... Difference is underscored by the recent Federal district court decision vacating the M-Opinion essentially proposing adopting extra-hazardous. Interested non-governmental organizations a public process before an agency irretrievably commits its resources a should! Held that the MBTA 's misdemeanor provision in Section 6 Size distribution of oil pits is unknown in 5 migratory bird treaty act nest removal! Substantive environmental protections by itself and how many measures are employed on vessel... Misconstrues our interpretation of the potential for a convoluted patchwork of legal standards ; all purporting apply... With Canada, Mexico, Japan, and the Russian Federation is of great scenic drives on wildlife! Commenter misconstrues our interpretation of the companies and projects that face potential liability under the MBTA does the! 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