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Eagle Protection

Displaying 71 - 80 of 133

Title	Summary
U.S. v. Fryberg	The court finds that the legislative history and surrounding circumstances of the BGEPA evinces a congressional intent to restrict treaty-based rights to hunt eagles. The court aligns itself with Judge Lay's dissent in U.S. v. White to hold that the BGEPA abrogated Indian hunting rights related to eagles. For further discussion on the abrogation of Indian treaty rights under the BGEPA, see Detailed Discussion of Eagle Act.
U.S. v. Gonzales	Court held that defendant has standing to raise a facial challenge to the Indian eagle permit process where he declined to apply for a permit based on the intrusiveness of the questions. Defendant is a member of a highly secretive religious sect of his tribe. In the RFRA analysis, the court held that the permit application was not the least restrictive means of implementing the government's compelling interest where the permit required intrusive information about religious practices. For further discussion on Native American religious challenges to the BGEPA, see Detailed Discussion of Eagle Act .
U.S. v. Hardman (On Rehearing En Banc)	The Hardman and Wilgus cases are remanded for factfinding where the record was limited as to whether the government employed the least restrictive means to support its compelling interests of protecting eagles and Native American culture. On the Saenz motion for return of eagle feathers to a non-federally recognized Indian religious practitioner, the court holds that the government failed to support its assertions that opening the permit system to all adherents of Indian religions would compromise the eagle population or destroy federal trust obligations to Native American tribes/culture. For discussion of the BGEPA and religious challenges, see Detailed Discussion .
U.S. v. Hetzel	Defendant finds a decaying eagle carcass on a wildlife preserve. He then removes the legs and talons of the eagle to bring to a Boy Scout function. The court reverses his conviction (and $1.00 fine) finding that he did not possess the requisite intent. The court determines that a conviction under the BGEPA demands a specific intent. For further discussion on intent under the BGEPA see Detailed Discussion of Eagle Act.
U.S. v. Hugs	Defendants shot and sold bald eagles to undercover officers posing as big game hunters in Montana. On appeal, the court denied their claims against the permit system, finding that they lacked standing to challenge the permit system where they failed to apply for permits. With regard to a facial challenge to the statute, the court held that the BGEPA passed the RFRA test, where the government asserted a compelling interest that was effectuated in the least restrictive means. For further discussion on commerce in eagle parts, see Detailed Discussion of Eagle Act .
U.S. v. Jim	Court considered defendant's claim based on newly enacted RFRA. Court finds defendant's asserted need to kill 12 eagles a year would decimate eagle population in Oregon. While not perfect, court finds the eagle permit system the least restrictive means to achieve the compelling need of protecting eagles. For further discussion on religious challenges to the BGEPA by Native Americans, see Detailed Discussion of Eagle Act.
U.S. v. Kornwolf	Defendant sells a headdress containing golden eagle feathers obtained before 1962 to an undercover officer. Court finds this case directly controlled by Andrus v. Allard . Court reiterates prohibition on any eagle commerce. For further discussion on the restriction of commerce in eagle parts under the BGEPA, see Detailed Discussion of Eagle Act.
U.S. v. Lopez (Abridged for Purposes of Eagle Topic Area)	Laws governing intrastate activities will be upheld if they substantially affect interstate commerce. Under the Eagle Act, the power to regulate eagles has been summarily upheld as a valid exercise of commerce power, as it protects the eagle as a species by preventing the creation of a legal commercial market for the animal. For further discussion of the Eagle Act, see Detailed Discussion.
U.S. v. Lundquist	Defendant, a non-Native American practitioner of Native American religion, challenged his conviction as a religious exercise violation where there was no evidence that defendant was trafficking in eagle parts. Employing a RFRA analysis, the court found that while the limitation under the BGEPA to members of federally-recognized Indian tribes did substantially burden defendant's exercise of religion, the government asserted a compelling interest in protecting a rare species and maintaining Indian culture that was administered through the least restrictive means (e.g., the permit process). For further discussion on religious challenges to the BGEPA by non-Native Americans, see Detailed Discussion of Eagle Act .
U.S. v. Mackie	Defendants challenge their eagle convictions under the MBTA, alleging that they should have been charged under the more specific BGEPA. Court holds the government may elect to proceed under either statute; nothing in the language or legislative history proscribes prosecution under the more general MBTA. For further discussion on the intersection of the MBTA and the BGEPA, see Detailed Discussion of Eagle Act.

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