Results

This Act, now known as the Migratory Bird Treaty Reform Act (MBTRA), revamps the MBTA by excluding species of birds that are "non-native" to the United States.  Under the bill, a bird species shall not be treated as native to the United States if the species occurs in the United States solely as a result of intentional or unintentional human-assisted introduction after the date of adoption of the treaty in 1918.  As a result, some 94 species of birds currently protected under the treaty would lose their protected status.

The instant case is a Petition for Review of Agency Action, brought by The Ecology Center and The Aquarius Escalante Foundation (Plaintiffs). Plaintiffs seek review of a Record of Decision (ROD) issued by the Acting Forest Supervisor of the Dixie National Forest (the DNF), an agency of the United States Department of Agriculture. The decision in question is the final approval by the DNF of the Griffin Springs Resource Management Project, (the Project) in which the DNF approved a plan to allow logging in the Griffin Springs area of the DNF. Plaintiffs seek declaratory and injunctive relief to stop the implementation of the plan, claiming that the ROD violates the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Administrative Procedures Act (APA).  Of particular concern, is the effect upon the northern goshawk.

Defendant appeals his conviction of two counts of cruelty to animals—specifically, cruelty to several dogs found within his home. Evidence supporting the conviction came from a warrantless entry into defendant's home after police found it necessary to do a "welfare check" based on an overflowing mailbox, 10-day notices on the door, and a "horrible odor" emanating from the home. In reversing the convictions, the appellate court determined that the facts did not suggest that defendant or the dogs were in immediate danger supporting the emergency exception to the warrant requirement of the Fourth Amendment.