Summary:
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.
Summary:
Female employees of the Department of Social Services and the Board of Education of the City of New York brought an action challenging the policies of those bodies in requiring pregnant employees to take unpaid leaves of absence before those leaves were required for medical reasons. The decision of this case addresses issues of immunity.
Summary:
At issue in this case are the statutory limitations on the authority of the Secretary of Commerce to adopt regulations, pursuant to the MMPA, that provide for the issuance of permits for the "taking" of dolphins incidental to commercial fishing activities.
Summary:
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.
Summary:
Advocacy groups challenged governments approval of quota for whale hunting by the Makah Indian Tribe. The Court of Appeals held that in granting the quota, the government violated the NEPA by failing to prepare an impact statement, and, that the MMPA applied to the tribe's whale hunt. REVERSED.
Summary:
Motion for leave to amend § 1983 civil rights complaint to add claims that police officer violated Fourth Amendment by shooting pet dog and by pointing gun at one plaintiff was denied and the United States District Court for the Northern District of California entered summary judgment in favor of police officers and city. Plaintiffs appealed. The Court of Appeals held that: (1) killing of pet dog stated Fourth Amendment violation, but (2) no seizure of plaintiff occurred when police pointed gun.
Summary:
Environmental groups challenged the NMFS's use of data in its classification of the Hawaii longline fishery as a "category III" fishery. Held: the NMFS has discretion to consider reliability of only available scientific data in classifying fishery.
Summary:
Concerned citizens and animal conservation groups brought an action against United States government, challenging the government's approval of quota for whale hunting by Makah Indian Tribe located in Washington state. On appeal by the plaintiffs, the Court of Appeals held that the failure of the government to prepare an Environmental Impact Statement before approving a whale quota for the Makah Tribe violated National Environmental Policy Act (NEPA). The court also found that the Marine Mammal Protection Act (MMPA) applied to tribe's proposed whale hunt, as the proposed whale takings were not excluded by the treaty with the tribe.
Summary:
Defendant convicted for conspiracy to smuggle endangered wildlife into the United States. Government moved for upward departure from sentencing range. Held: Court would not depart upward to reflect cruel treatment of animals (other holdings generally unrelated).
Summary:
The principle issue in this case is whether the planned stopover of a few hours in Kennedy Airport in New York constitutes an "importation" within the meaning of the MMPA. The respondent in this case was employed by a business dealing in the international trade of animals and was attempting to bring four dolphins captured off the coast of Argentina back to Japan. The respondent only landed the dolphins in New York as a stopover on their way to Tokyo, but the court found that there was no requirement of knowledge or specific intent under the MMPA to constitute civil violations.
