In an opinion last week, Judge Caproni ruled unlawful a memorandum issued by the Department of Interior that interpreted a provision of the Migratory Bird Treaty Act (“MBTA”) that prohibits killing “by any means whatever . . . at any time or in any manner, any migratory bird” to exclude incidental, unintentional killing.

The opinion begins:
Continue Reading Judge Caproni: Agency Cannot Rewrite Statutory Prohibition on Killing Migratory Birds to Carve Out Unintentional Killings