ELR Citation: ELR 20176
No(s). s. 09-3037, -3038 (10th Cir. Jun 30, 2010)

The Tenth Circuit held that the Migratory Bird Treaty Act (MBTA) applies a strict liability standard to the taking or killing of migratory birds but that it requires a defendant to proximately cause the statute's violation for the statute to pass constitutional muster. The case arose when two oil dr...