Friends of Animals v. United States Fish & Wildlife Service

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the Migratory Bird Treaty Act allows the United States government to issue a permit to remove birds of one species for scientific purposes if its intent is principally to benefit another species.

I

A

This case arises from efforts by the United States Fish and Wildlife Service (“Service”) to balance the interests of two types of owls who compete for the same territory. The first is the northern spotted owl, whose range is from British Columbia to California but the majority of which are “found in the Cascades of Oregon and the Klamath…