A Pendulum Seldom Stops in the Middle: Shifting Views on “Take” of Raptors and Other Migratory Birds
This Comment provides background on the evolution of the expanded reach of the Migratory Bird Treaty Act (MBTA) take prohibition as interpreted in multiple FWS policies, and the contradictions inherent in those policies. To illustrate the problems with FWS’ mutating interpretation of the MBTA, the Comment focuses on oil and gas development on public lands. While the discussion here primarily addresses protections afforded to raptors, the MBTA covers nearly every bird species in the United States.