United States Tenth Circuit
US v. Apollo Energies, Inc., 09-3037
Defendants' convictions under the Migratory Bird Treaty Act (MBTA) after dead migratory birds were discovered lodged in a piece of their oil drilling equipment called a heater-treater are affirmed in part where one defendant proximately caused the harm to protected birds. However, the judgment is reversed in part where a strict liability interpretation of the MBTA for the conduct charged here satisfied due process only if defendants proximately caused the harm to protected birds.
Appellate Information
- Decided 06/30/2010
- Published 07/01/2010
Judges
- Timothy M. Tymkovich
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Stephen E. Robison, Alan G. Metzger