because the BGEPA and the MBTA (collectively, "the Bird Acts")
vicarious liability-like claim made in purely MBTA or BGEPA situations,
(167) The "National Wind Agency" could therefore administer NEPA reviews and enforce sanctions under the EPA, MBTA, and BGEPA
all while allowing states and localities the ability to follow the progress of each project through one agency.
(15) Part IV summarizes challenges to the BGEPA
permit system within the past decade.
Even though it was delisted under the ESA, the bald eagle continues to be protected under the BGEPA
and the MBTA.
This article, which is divided into three parts, examines the criminal and civil penalty provisions of the BGEPA
. First, and by way of background, the article provides an overview of the evolution of the BGEPA
and its key provisions.
Antoine was arrested and charged with violating the BGEPA
after he was caught smuggling eagle parts into the country and then selling them.
(63) The BGEPA
likewise provides a way for development projects
has been protecting bald eagles (Haliaeetus leucocephalus) since 1940.
The Ninth Circuit concluded that the permit program in the BGEPA
did not discriminate facially on the basis of religion because Antoine was excluded based on his affiliation with a nonrecognized tribe, not his religion.
This Chapter asserts that in light of the Supreme Court's invalidation of traditional Native American claims,(12) the government's obligation under the Federal Indian Trust Doctrine(13) presents the best opportunity for a successful challenge to the BGEPA
and its permit process.(14) While Hugs underscores the conflict between the BGEPA
and Native American religion, the limited claims raised in Hugs do not provide an adequate basis for a comprehensive discussion of the trust obligation's application to a BGEPA
The defendants were subsequently tried and convicted under the BGEPA