Eagle Protection

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Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Exercise of Religion


This article explores the inherent conflict between the federal laws to protect eagles through the BGEPA, MBTA, and ESA and Native American religious rights. The author finds that the current eagle permit system for Native Americans is incompatible with free exercise of religion. The author concludes that a revamping of the federal eagle permit system as well as the passage of the Native American Free Exercise of Religion Act (NAFERA)would help accommodate religious needs of Native Americans.
AK - Eagle Protection - Chilkat Bald Eagle Preserve Alaska established the Chilkat Bald Eagle Preserve through the Park System to preserve the eagle in its natural habitat and provide educational and public viewing opportunities. The eagle is not listed as a threatened or endangered species in Alaska, but is legislatively protected in the Chilkat Preserve.
American Bald Eagle v. Bhatti

A group of animal preservationists filed suit to enjoin deer hunting on a Massachusetts reservation because it contended that the activity posed such a risk to bald eagles so as to constitute a prohibited “taking” under the ESA. The essence of the plaintiff's argument was that some of the deer shot by hunters would not be recovered and then eagles would consume these deer thereby ingesting the harmful lead slugs from the ammunition. The district court denied the preliminary injunction, ruling that appellants failed to show a reasonable likelihood of success on the merits. On appeal of the denial for injunction, this Court held that plaintiff failed to meet the showing of actual harm under the ESA. There was no showing in the record of harm to any bald eagles during the deer hunt of 1991 and the record fully supported the trial judge's conclusion.
Andrus v. Allard


The Court holds that the narrow exception in the BGEPA for "possession and transportation" of pre-existing eagles and eagle artifacts does not extend to sale of the those lawfully obtained artifacts.  The legislative history and plain language of the statute is clear on Congress' intent to prohibit any commerce in eagles.  This prohibition on commerce in eagle artifacts does not constitute an unconstitutional taking because the ability to sell the property is but one strand in the owner's bundle of property rights.  The denial of one property right does not automatically equate a taking.  For further discussion on the prohibition in commerce of pre-existing eagle artifacts, see

Detailed Discussion of Eagle Act.
AZ - Endangered, nongame - Illegal Taking or Wounding of Wildlife Arizona assesses a monetary civil penalty for the possession or taking of listed species of wildlife and endangered/nongame wildlife (including eagles). This fine goes to the state wildlife theft prevention fund and is in addition to any other fine or penalty assessed by law.
Bald & Golden Eagle Protection Act (BGEPA)
Biological Information on the Bald Eagle


This article provides a short summary of the bald eagle's (Haliaeetus leucocephals) pertinent biological information. Included in this summary are the facts about the eagle's breeding behavior, habitat, diet, and geographic range in the United States.
Breath of Life: Ethical Wind Power and Wildlife


From the article: This article examines the toll on wildlife associated with inland wind power generation, an issue ethically less amenable to balancing costs and advantages. I shall identify factors that should be considered in policy decisions on research, placement, and operation of wind facilities, providing some theoretical justifications for this ethical framework. Although I leave technical and legal analyses of wind policy largely to others, those perspectives inevitably implicate ethics. I contend that making explicit the ethical underpinnings of law and policy discussions results in a more reflective, deliberative process and more justified decisions.
Brief Summary of the Bald and Golden Eagle Protection Act


This quick summary examines the historical reasons behind the passage of the Bald and Golden Eagle Protection Act. It also lists the relevant provisions of the Act, including what actions violate the Act and the potential penalties violators face, as well as what controversies the Act has created. At the bottom of the document are links to more detailed analyses of the Act.
Bundorf v. Jewell Plaintiffs, individuals and environmental organizations, challenged a decision by the Bureau of Land Management's (BLM) to authorize two rights-of-way for the Searchlight Wind Energy Project (“Project”) in southern Nevada (on BLM land) under the Administrative Procedure Act (APA). After the District Court remanded to the BLM for further explanation, the plaintiffs moved for a permanent injunction. Plaintiffs raised claims that the activity violated the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”), among other federal statutes. In effect, the plaintiffs argue that when the Court remanded for further explanation, it essentially reached the merits of their NEPA and ESA claims "by identifying explanatory gaps in the Remand Order." This then necessitated vacatur of the Record of Decision (“ROD”), Final Environmental Impact Statement (“FEIS”), and the Biological Opinion (“BiOp”). On appeal, the Court agreed with plaintiffs that clarification of the Remand Order is appropriate to include the ROD, the FEIS, and the BiOp with vacatur. Otherwise, the court notes, the Federal Defendants would get "two bites at the same apple . . . to fill the analytical gaps the Court identified in the Remand Order." The Federal Defendants must address the gaps related to: "(1) the density of desert tortoises, the adverse effects on desert tortoise habitat due to noise, and the remuneration fees and blasting mitigation measures for desert tortoises; (2) the status of FWS's recommendations regarding eagle take permitting and an Eagle Conservation Plan; and (3) BLM's conclusions about risks to bald eagles, protocols for golden eagle surveys, and risks to and mitigation measures for bat species."

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