Eagle Protection

Summary:

This matter comes before the court on a Motion to Dismiss the Indictment filed by the defendant. The defendant, Ed Winddancer, was indicted on six counts relating to possessing and bartering eagle feathers and feathers plucked from other migratory birds. Winddancer did not have standing to challenge the manner in which the MBTA has been administered against him, because applying for a permit under the MBTA would not have been clearly futile. With regard to the BGEPA, the court found that defendant showed that the BGEPA substantially burdens his ability to possess eagle feathers. However, the court found that he did not show that his desire to possess the feathers arises from a sincere religious belief. Further, the court found that the government indeed has a compelling interest in protecting the bald and golden eagle, especially since there is no reasonable forensic method by which law enforcement can determine if a bird was accidentally or intentionally killed, killed a hundred years ago, or killed yesterday.

Summary:

Plaintiffs filed action against Interior and FWS to set aside FWS's finding that the desert bald eagle does not qualify as a distinct population segment (“DPS”) entitled to protection under the Endangered Species Act (“ESA”). Plaintiff's motions for summary judgment was granted. The Court found that FWS' 12–month finding was based on the 2007 delisting rule, which failed to comport with the notice, comment, and consultation requirements of the ESA. The Court set aside the 12–month finding as an abuse of discretion.

Summary:

Court held that defendant has standing to raise a facial challenge to the Indian eagle permit process where he declined to apply for a permit based on the intrusiveness of the questions.  Defendant is a member of a highly secretive religious sect of his tribe.  In the RFRA analysis, the court held that the permit application was not the least restrictive means of implementing the government's compelling interest where the permit required intrusive information about religious practices.  For further discussion on Native American religious challenges to the BGEPA, see Detailed Discussion of Eagle Act .

Summary:

Appellant was the pastor of an all-race Native American church that required the use of eagle feathers during certain worship who challenged the BGEPA after being denied a permit to obtain eagle feathers because he was not a member of a recognized Indian tribe.  Under an equal protection analysis, the court found the limitation on the use of eagle parts to Native Americans is rationally related to the government's interest in preserving the eagle population as well as the special religious and cultural interests of Native Americans.  For further discussion on religious challenges to the BGEPA by non-Native Americans, see Detailed Discussion of Eagle Act.

Summary:

Defendant, a non-Native American practitioner of Native American religion, challenged his conviction as a religious exercise violation where there was no evidence that defendant was trafficking in eagle parts.  Employing a RFRA analysis, the court found that while the limitation under the BGEPA to members of federally-recognized Indian tribes did substantially burden defendant's exercise of religion, the government asserted a compelling interest in protecting a rare species and maintaining Indian culture that was administered through the least restrictive means (e.g., the permit process).  For further discussion on religious challenges to the BGEPA by non-Native Americans, see Detailed Discussion of Eagle Act .

Summary:

Court considered defendant's claim based on newly enacted RFRA.  Court finds defendant's asserted need to kill 12 eagles a year would decimate eagle population in Oregon.  While not perfect, court finds the eagle permit system the least restrictive means to achieve the compelling need of protecting eagles.  For further discussion on religious challenges to the BGEPA by Native Americans, see Detailed Discussion of Eagle Act.

Summary:

In a tax proceeding, the Commissioner argues that defendant should be disallowed a charitable deduction for donating several artifacts containing eagle parts to a museum because it will frustrate the purpose behind the BGEPA.  The court disagrees, finding it unlikely that such an allowance will encourage others to procure eagle artifacts for the sole purpose of obtaining a tax deduction.  Further, the court disagrees with the Commissioner that Sammons acquired illegal title to the artifacts, finding Sammons had sufficient ownership interest in the eagle artifacts for donation.  For further discussion on commerce in eagle parts under the BGEPA, see Detailed Discussion of Eagle Act.

Summary:

A trustee in a bankruptcy proceeding sought turnover of Sioux Indian Ghost Dance Shield containing eagle feathers.  The court observed that normally the laws of the UCC would prevail and the merchants to whom the item was entrusted would have legitimate title to transfer, but since the BGEPA prohibits the sale of eagle artifacts, only the original owner had title to the shield, not the bankrupt who allegedly tried to sell the shield nor the potential purchasers.  The court held that the underlying public policy outlined in Allard weighed heavily in the decision to invalidate what it termed an illegal contract.  For further discussion on commerce in eagle parts under the BGPEA, see Detailed Discussion of Eagle Act .

Summary:

Plaintiff alleged the requirement that his infant daughter receive a social security number as a prerequisite to obtain public benefits infringed on his free exercise of religion.  Since the court held that the the social security number requirement substantially interfered with plaintiff's free exercise of religious beliefs, the compelling interest test was applied to determine constitutionality of the regulation.  This substantial burden/compelling interest test became the model for infringement of religious exercise claims, including those under the BGEPA.  For application of this test to religious challenges to the BGEPA, see Detailed Discussion of Eagle Act .

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 .