Tag Archives: Eric J. Murdock

The Other Shoe Drops on the MBTA

As recently noted here, shortly after the Trump administration took office last year, the Solicitor’s Office for the U.S. Department of the Interior (DOI) withdrew a legal opinion it issued in the waning days of the Obama administration which concluded that the Migratory Bird Treaty Act (MBTA) prohibits incidental take of migratory birds, pending further … Continue Reading

De-Criminalizing the Inevitable: Some Hope for Rationalizing the MBTA?

Uncertainty has reigned for a number of years about the scope of the take prohibition under the Migratory Bird Treaty Act (MBTA). In the latest effort to address this problem, the House Committee on Natural Resources has attached an amendment to a pending energy bill that would clarify that the MBTA does not prohibit incidental take of protected birds.… Continue Reading

USFWS Gives Benefit of the Doubt to Tiny Crustacean

You may well not have noticed when the US Fish and Wildlife Service (Service) issued a proposal back in September to list the Kenk’s amphipod (Stygobromus kenki) as an endangered species. 81 Fed. Reg. 67270 (September 30, 2016). Even the Center for Biological Diversity, which pushed for the listing, concedes that this small, eyeless, shrimp-like creature “may be one of the most uncharismatic species considered for protection under the [Endangered Species] Act.” This proposal is worthy of note, however, for at least a couple of reasons.… Continue Reading
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