|
U.S. v. Chevron USA, Inc. |
After 35 dead Brown Pelicans were discovered in the space between the inner wall of the caisson and the outer wall of a wellhead, Chevron was charged with a violation of the Migratory Bird Treaty Act. But, the Court held that the MBTA was clearly not intended to apply to commercial ventures where, occasionally, protected species might be incidentally killed as a result of totally legal and permissible activities. Therefore, at the plea hearing the Court refused to accept the plea of guilty from Chevron. |
|
U.S. v. CITGO Petroleum Corp. |
In 2007, CITGO was convicted of unlawfully taking and aiding and abetting the taking of migratory birds under MBTA § 707(a) after ten dead birds were found in two large open-top oil tanks. CITGO moved the Court to vacate its convictions, arguing that the MTBA criminalizes the unlawful taking or killing of migratory birds by hunting, trapping, poaching, or similar means, but does not criminalize commercial activities in which migratory birds are unintentionally killed as a result of activity completely unrelated to hunting, trapping, or poaching. In response, the Government argued that the MTBA prohibits the taking or killing of a migratory bird at any time, by any means or in any manner. The evidence presented at trial established that a number of individuals saw oil-covered birds, both dead and alive. An employee told senior management and suggested to another member of CITGO's senior management team that CITGO install nets on the tanks to prevent birds from landing in the oil. Based on this evidence, the court held that not only was it reasonably foreseeable that protected migratory birds might become trapped in the layers of oil on top of the tanks, but that CITGO was aware that this was happening for years and did nothing to stop it. Because CITGO's unlawful, open-air oil tanks proximately caused the deaths of migratory birds in violation of the MBTA, CITGO's Motion to Vacate CITGO's Conviction for Violations of the Migratory Bird Treaty Act was denied. |
|
U.S. v. CITGO Petroleum Corp. |
CITGO was convicted of multiple violations of the Clean Air Act and its regulations, and the Migratory Bird Treaty Act of 1918 (“MBTA”). CITGO urged the 5th Circuit to reverse the Clean Air Act convictions because the district court erroneously instructed the jury about the scope of a regulation concerning “oil-water separators.” CITGO also contended that the MBTA convictions were infirm because the district court misinterpreted the statute as covering unintentional bird kills. The 5th Circuit agreed with both contentions, holding that CITGO's equalization tanks and air floatation device were not oil-water separators under the Clean Air Act's regulations and that “taking” migratory birds involved only “conduct intentionally directed at birds, such as hunting and trapping, not commercial activity that unintentionally and indirectly caused migratory bird deaths. The district court’s decision was reversed and remanded with instructions. |
|
U.S. v. Clucas |
Defendant and several individuals went on a duck hunt in and were charged with exceeding the limit for migratory birds under Virginia law. The game wardens testified that the defendant, Clucas, admitted in the presence of the other parties that they had killed more than the 'bag', meaning thereby that they had killed more than ten ducks allowed for each person. The government held the position that the other individuals were hired for the reason of taking or killing the ducks. The court held that in view of the fact that January 6, 1943, was not the first day of the season the possession of twenty-six ducks by the two defendants did not constitute a violation of the provisions of the Virginia regulation. The possession being legal, the burden of proof did not shift to the defendants.
|
|
U.S. v. Corbin Farm Service |
As related to the BGEPA, the opinion distinguishes the degree of intent under the MBTA from that of the BGEPA. It also holds that both statutes were designed to apply to activities outside of traditional scope of hunting and poaching (in this case poisoning of birds). For further discussion on activities such as poisoning and electrocution prohibited under the BGEPA, see
Detailed Discussion of Eagle Act.
|
|
U.S. v. Crutchfield |
The court reversed the district court's judgment of convictions against defendants for the illegal importation and the intent to sell iguanas in the United States because of prosecutorial misconduct. The court held that the prosecutor wasted valuable money in pursuing irrelevant testimony, and improperly questioned defendants and their witnesses after repeated warnings from the district court judge.
|
|
U.S. v. Dion |
The legislative history surrounding the passage of the BGEPA as well as the plain language of the Act evinces an intent by Congress to abrogate the rights of Indians to take eagles except as otherwise provided by statute. Defendant, a member and resident of the Yankton Sioux Tribe and Reservation, was charged with violations of the BGEPA and ESA after shooting several eagles on the reservation and selling eagle parts. The Court held that any other interpretation would be inconsistent with the need to preserve the species. For further discussion on the abrogation of Indian treaty rights under the BGEPA, see
Detailed Discussion of Eagle Act.
|
|
U.S. v. Doyle |
Doyle is a physician who lives in Texas and runs a bird rehabilitation center where he breeds captive falcons, hoping to reintroduce them. Here, the evidence was sufficient to sustain a conviction for violation of the Lacey Act making it unlawful for any person to possess and transport in interstate commerce any wildlife taken or transported in violation of any state law (Montana). Although defendant obtained proper state permits to possess and transfer described falcons, defendant was aware that the falcons' origins had been misrepresented; therefore, defendant has sufficient knowledge under the statute.
|
|
U.S. v. Fejes |
The jury found that Fejes sold caribou in violation of the Lacey Act by providing guide services to two hunters that took the caribou in violation of Alaska law. The court held that a "sale" of wildlife for purposes of 16 U.S.C. § 3373(d)(1)(B) encompasses not only the agreement to provide guide or outfitting services, but also the actual provision of such services. Further, defendant was not entitled to instruction regarding alleged state law requirement that he transport illegally taken caribou because the evidence at trial unquestionably showed that he sold caribou in interstate commerce.
|
|
U.S. v. Felts (unpublished) |
Defendant kennel operator was found to violate the AWA on multiple occasions when inspected by APHIS representatives. From 2005 to 2009, defendant repeatedly failed inspections where APHIS found that he provided inadequate veterinary care, did not maintain complete records on the dogs, and did not properly maintain the housing facilities for the dogs. The Administrator of APHIS filed and served on Defendant an administrative complaint for violations. Defendant never filed an answer, and so a Default Decision and Order was entered against Defendant. The Plaintiff's Motion for Summary Judgment was granted in part because Defendant failed to file an answer to the administrative complaint, and so was deemed to have admitted the allegations in the complaint.
|
