Migratory Birds

Earlier this year, the U.S. Fish and Wildlife Service (FWS) published a Notice of Intent seeking comment on whether it should prepare an Environmental Impact Statement related to the impact of proposed facilities and structures on migratory birds. Trade associations representing the tower industry (PCIA) and wireless industry (CTIA) filed comments last week arguing that the FWS should not prepare an EIS or adopt formal rules regulating communications towers. In the alternative, the groups urged FWS to work cooperatively with the FCC to develop a Memorandum of Understanding between the agencies that would allow the FCC to quickly and efficiently address incidental take issues related to communications towers. The FWS proposal is broader than just communications towers and could impact certain oil and gas assets as well as electric transmission and distribution lines. For additional information, please contact Alyssia Bryant (bryanta@khlaw.com)  with questions.

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