The Curious Flight of the Migratory Bird Rule
Few, if any, issues have divided environmental lawyers more than the legitimacy of the Migratory Bird Rule (Rule). Ever since its adoption in 1986 by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) as an assertion of federal authority over isolated wetlands, ostensibly for the sake of protecting migratory birds, the Rule had come to symbolize for some all that was wrong with either modern U.S.