Twelve AGs Filed Lawsuit Challenging Narrowing of Migratory Bird Treaty Act Protections

JANUARY 19, 2021

New York Attorney General Letitia James led a coalition of 12 attorneys general in filing a lawsuit challenging the Department of Interior’s final rule eliminating the Migratory Bird Treaty Act’s (MBTA) prohibition on incidental take. In their complaint, the AGs emphasized that the rule is inconsistent with the MBTA’s text, purpose and legislative history, and conflicts with precedent and decades of agency practice. The AGs warned that the rule jeopardizes a wide range of state interests, from ecosystem services such as “controlling insects and rodents, pollinating, and dispersing seeds,” to “scientific, recreational, and birdwatching opportunities and aesthetic benefits enjoyed by many people.”