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This news and analysis are provided by the Ornithological Council, a consortium supported by 11 ornithological societies. Join or renew your membership in your ornithological society if you value the services these societies provide to you, including OrnithologyExchange and the Ornithological Council.

On 24 May 2018, the National Audubon Society, Center for Biological Diversity, Defenders of Wildlife, and American Bird Conservancy filed suit against the Dept. of the Interior challenging as unlawful and arbitrary and capricious the December 22, 2017 Solicitor’s Memorandum M-37050, which was issued by the office of the Solicitor of the Department of the Interior (“DOI”) and reverses Defendants DOI’s and the U.S. Fish and Wildlife Service’s (“FWS” or “Service”) longstanding interpretation and implementation of the Migratory BirdTreaty Act of 1918, 16 U.S.C. § 703(a) (“MBTA” or “Act”). A copy of the lawsuit is attached.

STATUS: on 13 July 2018, the court held a pretrial conference. At that conference, the government was ordered to submit a brief on its motion to dismiss the litigation ( as described in the attached letter notifying the court that such motions would be filed) no later than 17 August 2018. The plaintiffs were ordered to submit their separate reply briefs by 17 October 2018 and their joint reply brief no later than 20 November 2018.

In addition, there is an earlier-filed case brought by the Natural Resources Defense Council and the National Wildlife Federation (Civil 1:18-cv-4596). The court has not yet consolidated the two cases but is likely to do so if the two cases survive the motion to dismiss.

It is not known if the court will decide the motion on the briefs or if oral argument will be heard.

 

IncidentalTakeComplaintMay18.pdf

IncidentalTakeComplaintLetterResponse.pdf

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