United States DC Circuit

Denial of preliminary injunction requiring protection of mute swans under the Migratory Bird Treaty Reform Act, providing that it makes it unlawful to hunt or kill migratory birds native to the U.S., is affirmed as the amended Migratory Bird Treaty Act does not ban the hunting or killing of non-native migratory bird species, including mute swans.

Appellate Information

• Argued 10/05/2006
• Decided 12/15/2006
• Published 12/15/2006

Judges

• Before:  ROGERS, GARLAND and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joshua R. Stebbins argued the cause for appellants.   With him on the briefs were Howard M. Crystal and Eric R. Glitzenstein.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief was Ellen Durkee, Attorney, U.S. Department of Justice., Douglas S. Burdin and Anna M. Seidman were on the brief for appellees Safari Club International, Safari Club International Foundation, and Ducks Unlimited.