Summary:
Village criminal ordinance, which prohibited the owning or harboring of pit bull terriers or other vicious dogs within village limits, was not overbroad, even though identification of a "pit bull" may be difficult in some situations, as there are methods to determine with sufficient certainty whether dog is a "pit bull.".
Summary:
The court held that no private right of action exists under the Bald and Golden Eagle Protection Act, where a group of concerned citizens brought a civil action under the BGEPA against a developer to prevent the demolition of a grove of trees where wintering eagles perch. For further discussion on the construction and application of the BGEPA, see Detailed Discussion of Eagle Act .
Summary:
The question in this case was whether respondents, members of a marine mammal conservation group, violated the MMPA by interfering with the authorized capture of six dolphins. As result of this case, which was a civil penalty proceeding, only one of the respondents was found guilty of taking under the MMPA. The court found that the respondent's actions, although taken with noble intentions, endangered the lives of the dolphins, was improper, and dangerous. He was assessed a fine in the amount of $2,000.
Summary:
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.
Summary:
Petitioners, Japanese fishing federation, fisherman's association, and environmental group, filed motions for a preliminary injunction against respondent Secretary of Commerce who entered a final decision that approved the federation for an incidental take permit under the MMPA and adopted regulations that authorized the taking of Dall's porpoise within the fishery conservation zone.
Summary:
Defendant appeals a civil forfeiture action under the BGEPA. In applying the three-part Callahan test to defendant's free exercise claim, the court holds that while defendant's religious exercise is substantially burdened, the government has a compelling interest in protecting a rare species and effectuates this interest in the least restrictive means. The court declines to consider defendant's free exercise challenge to the permit process, as defendant failed to apply for a permit and thus lacks standing. For further discussion on religious challenges to the BGEPA by Native Americans, see Detailed Discussion of Eagle Act .
Summary:
The action alleged that defendants, Hawaii Department of Land and Natural Resources and chairman, violated the Endangered Species Act by maintaining feral sheep and goats in an endangered bird's critical habitat. Defendant had maintained feral sheep and goats within the critical habitat of the endangered palila bird. The practice degraded the bird's habitat. The court upheld summary judgment for the plaintiff, finding that maintenance of the herd constituted a taking under the Act.
Summary:
Defendant, an Indian who resided on a reservation charged with the possession of golden eagle parts under the BGEPA, challenged the indictment as a violation of treaty rights and an unconstitutional burden on his exercise of religion. In an unusual decision, the court found that the BGEPA placed an unconstitutional burden on defendant's exercise of religion, where the golden eagle was not threatened in New Mexico and permits to kill depredating eagles had previously been issued. The court also held that the treaty at issue granted special religious accommodations to the tribe, thereby preserving a treaty right to harvest eagles for religious needs. For further discussion on religious challenges to the BGEPA by Native Americans, see Detailed Discussion of Eagle Act .
Summary:
Action brought on behalf of Alaskan Eskimos which challenged the validity of the Department of Commerce regulations adopted pursuant to IWC Act. Plaintiffs claim is the the Commission exceeded its jurisdiction under the Convention when it eliminated the native subsistence exemption for Alaskan Eskimos. The Court reverses and remands the districts courts dismissal of the action.
Summary:
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.
