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ARTICLE · 16 FEBRUARY 2021

Migratory Bird Rule Update – The Biden Administration Delays Effective Date And Requests Public Comment

Winston Taylor
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Following up on our recent blog post regarding the uncertain future of the Migratory Bird Treaty Act (MBTA) rule published at the end of the Trump Administration, the U.S. Fish and Wildlife Service...

United StatesEnvironment
Stephanie Sebor
Stephanie Sebor
Madalyn G. Brown
Madalyn G. Brown

Following up on our recent blog post regarding the uncertain future of the Migratory Bird Treaty Act (MBTA) rule published at the end of the Trump Administration, the U.S. Fish and Wildlife Service (USFWS) recently signaled that the Biden Administrations is unlikely to keep the rule around. On February 5, 2021, the USFWS announced that it is delaying the effective date of the Trump-era regulation to March 8, 2021, pursuant to the Congressional Review Act, which provides that major rules shall not take effect for at least 60 days after publication in the Federal Register. In addition, USFWS is requesting public comments on the MBTA rule, and is specifically looking for comments that address:

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