Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA
The Energy Law Blog
SEPTEMBER 15, 2015
Specifically, the Court of Appeals concluded that the use of the words “harass” and “harm” in the Endangered Species Act and Marine Mammal Protection Act results in those statutes including negligent and unintentional acts within the definition of “take,” and found it persuasive that the MBTA does not include those words among the prohibited acts.
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