Steinemann, Anne (2026) Killing a Protected Bird: The Muscovy Duck Control Order and the Limits of Environmental Review Under the National Environmental Policy Act. Case Studies in the Environment, 10 (1). 3161574.

PDF (Published Version) - Published Version Restricted to Repository staff only

Abstract

Muscovy Ducks (Cairina moschata) are federally protected under the Migratory Bird Treaty Act. Yet in 2010, the U.S. Fish and Wildlife Service adopted a rule—the Muscovy Duck Control Order—that allows people and agencies to kill a Muscovy Duck across most of the United States, without a federal permit, and without any justification or evidence of harm. The authorization is unlimited and unconditional: it applies wherever and whenever a bird is found. Notably, the agency issued the control order on the same day it reaffirmed the species’ protected status. Despite the breadth of this authorization, the Service concluded that the rule would not require an Environmental Impact Statement under the National Environmental Policy Act. This raises the question: How did the Muscovy Duck Control Order proceed without a rigorous environmental impact assessment? This article examines the administrative record, including the environmental review documents and public comments, together with relevant statutes and regulations. Three key findings emerge. First, the rule’s narrowly defined purpose, to allow control, mirrored the preferred outcome. Second, the constrained range of alternatives excluded nonlethal approaches. Third, the Finding of No Significant Impact was tenuously justified. The Muscovy Duck Control Order provides an instructive case of how environmental review can be limited in practice. Here, environmental review served largely to justify a decision already made, rather than to inform decision-making. Readers will learn how procedural steps may not fully achieve the substantive goal of the National Environmental Policy Act: to produce better environmental decisions.

Item ID:	94619
Item Type:	Article (Research - C1)
ISSN:	2473-9510
Keywords:	Environmental impact assessment, environmental planning and policy, migratory bird, National Environmental Policy Act, Muscovy Duck
Copyright Information:	© 2026 by the Regents of the University of California. All rights reserved.
Date Deposited:	13 Nov 2026 06:36
FoR Codes:	41 ENVIRONMENTAL SCIENCES > 4104 Environmental management > 410407 Wildlife and habitat management @ 30% 40 ENGINEERING > 4011 Environmental engineering > 401199 Environmental engineering not elsewhere classified @ 20% 30 AGRICULTURAL, VETERINARY AND FOOD SCIENCES > 3003 Animal production > 300306 Animal welfare @ 50%
SEO Codes:	18 ENVIRONMENTAL MANAGEMENT > 1899 Other environmental management > 189999 Other environmental management not elsewhere classified @ 30% 10 ANIMAL PRODUCTION AND ANIMAL PRIMARY PRODUCTS > 1099 Other animal production and animal primary products > 109902 Animal welfare @ 40% 19 ENVIRONMENTAL POLICY, CLIMATE CHANGE AND NATURAL HAZARDS > 1999 Other environmental policy, climate change and natural hazards > 199999 Other environmental policy, climate change and natural hazards not elsewhere classified @ 30%
	More Statistics