Fowl Play and Lame Ducks: How a Three-Headed Circuit Split Confuses Century-Old Migratory Bird Protections

Note By: Omer Arain

In this Note, Omer Arain discusses the Migratory Bird Treaty Act (MBTA) and viewpoints surrounding the protection of migratory birds under the MBTA. Arain points out that the enforcement of the MBTA is weak, yet it has arisen under recent lame duck efforts by outgoing presidents. Arain explores the three-way circuit split, a “circuit tripartite,” out of federal courts and argues that taking under the MBTA should be governed by a strict liability regime.