Legal Opinion

Fund for Animals v. Kempthorne

Court of Appeals for the Second Circuit

Decided August 14, 2008No. Docket 05-2603-cvPublishedCited by 38 opinions

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…

2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  4. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  5. Kleppe v. Sierra ClubSupreme Court of the United States · 1976

13 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Novella v. Westchester CountyCourt of Appeals for the Second Circuit · 2011
  2. Center for Food Safety v. SalazarDistrict Court, District of Columbia · 2012
  3. Natural Resources Defense Council, Inc. v. Federal Aviation AdministrationCourt of Appeals for the Second Circuit · 2009
  4. United States v. BadgerCourt of Appeals for the Tenth Circuit · 2016
  5. Louisiana Forestry Ass'n Inc. v. Secretary United States Department of LaborCourt of Appeals for the Third Circuit · 2014

33 more not listed; retrieve them via the Exa API.

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