Fund for Animals v. Kempthorne
Court of Appeals for the Second Circuit
1Opinion of the Court
SACK, Circuit Judge:
The plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York (P. Kevin Castel, Judge), which, among other things, dismissed on a motion for summary judgment their claims challenging the Public Resource Depredation Order, 50 C.F.R. § 21.48 (the “Depredation Order”), on the grounds that it violates treaty obligations of the United States and federal statutes. We consider on appeal whether the defendants issued the Depredation Order in compliance with the Migratory Bird Treaty Act (“MBTA”), 16 U.S.C. § 703 et seq., the…
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