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A Massachusetts coastal town's letter cautioning homeowners that flags, mylar streamers, and reflective materials on private property could violate state and federal Endangered Species Acts has escalated into a formal legal challenge, with the Pacific Legal Foundation demanding the town of Newbury clarify the statutory basis for its claims — a dispute that touches the boundary between environmental regulation and constitutionally protected property rights just days before the nation's 250th anniversary.
Regulatory Letter Triggers Outrage on Plum Island The Town of Newbury sent notices to residents of Plum Island — a beachfront community on the Massachusetts coast — stating it had "become aware of the use of devices and materials intended to deter" protected shorebirds from local beach and dune systems.
The letter cited "mylar streamers, flags, [and] reflective materials" and warned that activities discouraging shorebirds from suitable habitat "may be viewed as harassment or disruption of normal feeding, nesting, or migratory behavior," an offense carrying "significant regulatory and financial penalties" under both state and federal law.
Marc Sarkady, a 30-year island resident, said he was stunned by the notice.
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