Eight AGs Filed Lawsuit Challenging Interior Department Solicitor’s Opinion Weakening MBTA Enforcement

New York Attorney General Barbara Underwood led a coalition of eight attorneys general in filing a lawsuit challenging a December 2017 Solicitor’s Opinion issued by the Interior Department’s solicitor general that unlawfully narrows the scope of Migratory Bird Treaty Act (MBTA) protections. In their complaint, the attorneys general argued that the Interior Department’s new interpretation of the MBTA is inconsistent with congressional intent, and is arbitrary and capricious under the Administrative Procedure Act.

• Documents: ComplaintCA Press Release
• Document Type: Complaints Press Releases/Statements
• States: California Illinois Maryland Massachusetts New Jersey New Mexico New York Oregon
• Agencies: Department of the Interior U.S. Fish and Wildlife Service
• Issues: Cross-Cutting & Administrative Migratory Bird Treaty Act Public Lands & Wildlife Wildlife
• Era: Trump Administration
• Outcome: Win
• Explanation of Outcome:The states’ petition was granted in full.
• Action Type: Litigation