Ashley R. Fiest


This Comment will focus on the widely different interpretations, applications, and enforcement of the MBTA and the consequences that will result if a concrete solution is not implemented soon. Part II will discuss the background, historically and legislatively, that led to the enactment of the MBTA and its current implementation. Part III will discuss the current conflict within the courts regarding how the MBTA is to be applied. In discussing this conflict, this section looks at the particular reasoning behind two of the most recent decisions on this issue and what led each of the courts to different interpretations. Part IV will analyze the correct interpretation of the MBTA and the scope of its liability; explain the need for an immediate and effective solution for the implementation of the statute and why certain other solutions are not workable; and, lastly, analyze the integration of a permit program, like that under the Endangered Species Act, and explain why this will create the best immediate solution.