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Interior rescinds controversial MBTA memo


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The Department of the Interior has revoked the internal memo (known as the M-Opinion) issued in 2017 first limiting enforcement of the Migratory Bird Treaty Act to intentional killing or injuring of birds. The M-Opinion had already been invalidated by a federal court last year, in a lawsuit that the Biden administration recently decided to no longer pursue. 

The previous administration developed a regulatory proposal based on that opinion, implementation of which the Biden administration delayed until today, March 8. The new administration is also expected to release a new regulatory proposal in the coming days to revoke the previous administration's rule. More information about that proposal will be posted on OE once it is available. 

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