Taking a step with implications for oil and natural gas infrastructure, the US Fish and Wildlife Service issued a final regulation Jan. 5 clarifying that unintentional injury or death of migratory birds is not prohibited under the Migratory Bird Treaty Act. Receive daily email alerts, subscriber notes & personalize your experience. Register Now Migratory bird protections can affect pipeline projects by limiting times of year when tree cutting can occur to avoid nesting seasons, and can also carry costs for developers including mitigation payments. Early in the Trump administration, the Department of Interior Solicitor Daniel Jorjani issued a legal opinion stating that an action that unintentionally harms or kills migratory birds is not barred under the act when the underlying purpose of an activity is not to harm birds. Conflicting rulings […]

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