Milbank partner and head of the firm’s Environmental Practice Area, Matthew Ahrens, along with environmental associate Allison Sloto, have authored “Responding To Migratory Bird Law Uncertainty Under Biden” which was published in Law360 on November 1, 2021.
The article discusses the Biden administration’s policy change on October 4, 2021 when the U.S. Fish and Wildlife Service (“FWS”) formally revoked the Trump-era rule (issued January 7, 2021) that had limited liability for incidental takes of migratory birds under the Migratory Bird Treaty Act of 1918 (“MBTA”) and expressly stated that the MBTA prohibits incidental take. However, the FWS didn’t stop there; on the same date, the FWS published an Advance Notice of Proposed Rulemaking (“ANPR”) to consider the creation of a new MBTA incidental take permitting program. These actions can have a material impact on project finance and corporate transactions related to wind farms.
Read the full article, “Responding To Migratory Bird Law Uncertainty Under Biden,” here.
