The Migratory Bird Treaty Act in the Modern Era

(The following article was published by the Environment, Energy, and Resources Section of American Bar Association in October of 2018.) The Migratory Bird Treaty Act of 1918 (MBTA) has been a pillar of American conservation law for over 100 years. See 16 U.S.C. §§ 703–712. Originally enacted to end market hunting, the MBTA has proven to be an effective … Continue reading The Migratory Bird Treaty Act in the Modern Era

Loophole Closed in the Billfish Conservation Act

On October 5, 2018, President Trump signed an amendment to the Billfish Conservation Act (Amendment) into law. Lauded by groups including the International Game Fish Association, the Amendment closed a loophole in the Billfish Conservation Act and will further prevent the importation of billfish to the United States mainland. In doing so, the Amendment should … Continue reading Loophole Closed in the Billfish Conservation Act

A Modern Take on the Antiquities Act of 1906

During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea.  According to the National Park Service, he established 34 national monuments during his administration totaling over 550 million acres. One of these monuments is located in … Continue reading A Modern Take on the Antiquities Act of 1906

Review of Monument Designations Draws Scrutiny

In the early days of his administration, President Donald Trump directed Secretary of the Interior Ryan Zinke to review all national monuments designated since 1996 that are at least 100,000 acres in size or made “without adequate public consultation.” Subsequently, Secretary Zinke issued a report recommending modification of boundaries and use restrictions for specific national … Continue reading Review of Monument Designations Draws Scrutiny

Renewed Focus on Offshore Drilling Generates Concern in Massachusetts and other Coastal States.

On April 28, 2017, President Donald Trump signed an executive order called Implementing an America-First Offshore Energy Strategy (Order).   The Order established a policy of “energy security and economic vitality” through offshore energy exploration and production.  It also directed the Secretary of Department of the Interior to review existing offshore oil and gas leasing plans. … Continue reading Renewed Focus on Offshore Drilling Generates Concern in Massachusetts and other Coastal States.

Collaboration and the Path to Habitat Conservation

Partnerships among federal and state agencies, private parties, and non-governmental organizations play an important role in conserving fish and wildlife habitat. The importance of this collaboration for habitat protection and management is detailed in the State Wildlife Action Plan, which MassWildlife updated in order to receive funding under the U.S. Fish and Wildlife Service’s State … Continue reading Collaboration and the Path to Habitat Conservation