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Proposed Changes to Migratory Bird Treaty Act

10,000 Birds

Although there has been a split in the courts , “incidental take” has generally been considered within the scope of the MBTA, so harming or killing migratory birds has been illegal regardless of intent. This is known as “strict liability.” of the EIS) to avoid harming birds. As to the Trump Alternative, the EIS states (§ 4.2.2)

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Proposed Changes to Migratory Bird Treaty Act – Part II

10,000 Birds

Although there has been a split in the courts , “incidental take” has generally been considered within the scope of the MBTA, so harming or killing migratory birds has been illegal regardless of intent. This was widely seen as a favor to the energy industry. This is known as “strict liability.”.

Maryland 201