The BGEPA, on the other hand, includes no third party language and
The MBTA, although arguably more equivocal than the BGEPA, also
Additionally, under the BGEPA
, if one acts knowingly or recklessly in regard to taking, possessing, or selling certain breeds of eagle, he or she may be subject to fines reaching $5000 or imprisonment of up to one year.
15) Part IV summarizes challenges to the BGEPA permit system within the past decade.
Challenges to the BGEPA permit system are based upon First Amendment principles, and although the courts' decisions are primarily reached solely on statutory grounds under RFRA, a review of First Amendment law is foundational to a discussion of the religious exception to BGEPA and the free exercise fights of Indians.
The habitat protection under the BGEPA is not identical to the ESA.
14) A main distinction between the ESA and the BGEPA is that the BGEPA does not contain a private right of action.
First, and by way of background, the article provides an overview of the evolution of the BGEPA
and its key provisions.
Onshore Wind Power Facilities: The MBTA, BGEPA
, ESA, NEPA and Migratory
has been protecting bald eagles (Haliaeetus leucocephalus) since 1940.
Frank and William Hugs maintained that the BGEPA
requirements restricted their free exercise of religion.
The defendants were subsequently tried and convicted under the BGEPA