Tag Archives: Bald and Golden Eagles Protection Act

Ninth Circuit Briefs in Protect Our Communities Foundation v. Loudermilk

Here: Protect Our Communities Opening Brief Federal Answer Brief Tribe Answer Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , , , ,

Split Ninth Circuit Panel Affirms Felony Sentence for Eagle Acts Violation

Here is the opinion in United States v. Crooked Arm.

Posted in Author: Matthew L.M. Fletcher, Criminal, cultural resources, Research | Tagged , ,

Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge

Here is the opinion in Protect Our Communities v. Jewell. From the syllabus: The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, economic development, Environmental, Research | Tagged , , , , ,

Fifth Circuit Holds Eagle Act Regulations May Violate RFRA

Here is the opinion. An excerpt: Appellants filed suit against the Department of the Interior (the “Department”) seeking a declaration of rights that the Department’s enforcement of the Migratory Bird Treaty Act (the “MBTA”) and the Bald and Golden Eagle … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Regulations, Research | Tagged , , , , | 1 Comment

Complaint Challenging New 30-Year Eagle Permit Rule

Here is the complaint in Shearwater v. Ashe (N.D. Cal.). Plaintiffs are challenging a final nationwide regulation promulgated by the U.S. Fish and Wildlife Service (“FWS” or “Service”) and the U.S. Department of the Interior (“DOI”) on December 9, 2013 … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , , , | 1 Comment

American Bird Conservancy Plans to Sue Interior over 30-Year Eagle Kill Rule

Here. An excerpt: A leading bird conservation organization—American Bird Conservancy (ABC)—has announced its intention to sue the Department of the Interior (DOI), charging DOI with multiple violations of federal law in connection with its December 9, 2013, final regulation that … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, News, Regulations, Research | Tagged , ,

New Study on Eagle Mortalities at Wind Energy Facilities

This study, collected by United States Fish and Wildlife Service employees, was published in the Journal of Raptor Research. Here: JRR-12-00019.1  

Posted in Author: Matthew L.M. Fletcher, Environmental, Scholarship | Tagged , , ,

Pending Lipan Apache Members Challenge to Eagle Acts

Here is the opening Fifth Circuit brief in Mc Allen Grace Brethren Church v. Dept. of Interior: Opening Brief Update (8/11/13): Interior Appellee Brief No lower court opinion is available, but here is the cross-motions motion for summary judgment below: … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , | 1 Comment

Ninth Circuit Affirms Conviction for Selling Eagle Parts

Here are the materials in United States v. Wahchumwah: CA9 Opinion Wahchumwah Brief Amicus Brief US Brief The court’s summary: The panel affirmed in part and reversed in part a criminal judgment in a case in which a jury convicted … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, cultural resources, Research | Tagged , , | 1 Comment

DOJ Issues New Eagle Feather Policy re: Tribal Members

Here. The full policy is here. From the press release: The policy provides that, consistent with the Department of Justice’s traditional exercise of its discretion, a member of a federally recognized tribe engaged only in the following types of conduct … Continue reading

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