Winston’s Environmental Law Update

On October 7, 2023, California Governor Gavin Newsom signed SB 261, the Climate-Related Financial Risk Act, and SB 253, the Climate Corporate Data Accountability Act, into law. These first-in-the-nation greenhouse gas (GHG) emissions disclosure and climate-related financial risk reporting laws apply to large companies “doing business” in California.

On October 4, 2021, the U.S. Fish & Wildlife Service (USFWS) issued a final rule revoking the Trump administration’s Migratory Bird Treaty Act (MBTA) rule. This revocation will be effective December 3, 2021. By revoking the Trump-era rule, USFWS is returning to the pre-2017 interpretation of the MBTA where incidental take of migratory birds is a crime. Concurrent with the revocation, USFWS issued an advanced notice of proposed rulemaking (ANPR) for an MBTA incidental take permitting program.

The Biden Administration plans to revoke the Trump-era Migratory Bird Treaty Act (MBTA) Rule and return to interpreting the MBTA as prohibiting incidental take, not just purposeful take, of migratory birds.