Endangered Species Law & Policy

On February 12, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule creating new permitting pathways and revising existing regulations for the take of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos). Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (BGEPA), which prohibits take of the species except pursuant to federal regulations. The updated rule is the result of a settlement agreement between the Service and the Energy Wildlife and Action Coalition, which prompted the Service to revisit its ...

In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take from liability under the Migratory Bird Treaty Act (MBTA), issued guidance for enforcement of the MBTA against incidental take, and invited comment on a potential MBTA permitting program.  Separately, the Service has invited comment on ways to improve its existing permitting program for the incidental take of eagles (Eagle Permit Program). … 

Nossaman LLP’s own Steven P. Quarles and Brooke M. Wahlberg are co-chairing CLE International’s upcoming 2^nd Annual MBTA and BGEPA:  Hot Topics in Avian Protection conference.  This timely, in-person CLE will explore the complexities of federal wildlife laws and rules to protect migratory birds and eagles under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA).  Speakers will include state and federal policy makers, industry leaders, environmental advocates, and leading practitioners in the field.  Held in Denver, Colorado, from November 30 through December 1, the conference presents a unique opportunity for professionals involved in and affected by endangered species issues, rules, and regulations to learn from in-depth presentations on topics including: