Interior Will Nix Trump Migratory Bird Legal Opinion, Re-do Rule

March 8, 2021, 3:51 PM

The Interior Department Monday rescinded a Trump administration legal opinion that the Migratory Bird Treaty Act applies only to intentional bird deaths.

A Trump-era migratory bird rule based on former Interior Solicitor Daniel Jorjani’s 2017 legal opinion will take effect today. Interior will propose a new rule “in the coming days” that effectively revokes the Trump-era rule, the department said in an emailed statement Monday.

“The reasoning and basis behind that M-Opinion were soundly rejected in federal court,” Interior’s statement said. “The Department will also reconsider its interpretation of the MBTA to develop common sense standards that can protect migratory...

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