United States

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Titlesort descending Summary
U.S. v. Hardman (On Rehearing En Banc)


The Hardman and Wilgus cases are remanded for factfinding where the record was limited as to whether the government employed the least restrictive means to support its compelling interests of protecting eagles and Native American culture.  On the Saenz motion for return of eagle feathers to a non-federally recognized Indian religious practitioner, the court holds that the government failed to support its assertions that opening the permit system to all adherents of Indian religions would compromise the eagle population or destroy federal trust obligations to Native American tribes/culture.  For discussion of the BGEPA and religious challenges, see

Detailed Discussion

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U.S. v. Hayashi


Appellant challenged the decision of the United States District Court for the District of Hawaii, which convicted him of taking a marine mammal in violation of the MMPA.  The court reversed appellant's conviction for taking a marine mammal under the MMPA.  It held that the MMPA and the regulations implementing the act did not make it a crime to take reasonable steps to deter porpoises from eating fish or bait off a fisherman's line. 
U.S. v. Hetzel


Defendant finds a decaying eagle carcass on a wildlife preserve.  He then removes the legs and talons of the eagle to bring to a Boy Scout function.  The court reverses his conviction (and $1.00 fine) finding that he did not possess the requisite intent.  The court determines that a conviction under the BGEPA demands a specific intent.  For further discussion on intent under the BGEPA see 

Detailed Discussion of Eagle Act.
U.S. v. Heuer


Following his conviction for a violation of the Lacey Act, 16 U.S.C. § 3371, et seq., Defendant Heuer moved for a new trial.  Where defendant, who obtained guiding and license for hunting elk, engaged in conduct that involved purchase of elk, it was not necessary for government to prove such services occurred in interstate commerce for purposes of Lacey Act conviction.
U.S. v. Hugs


Defendants shot and sold bald eagles to undercover officers posing as big game hunters in Montana.  On appeal, the court denied their claims against the permit system, finding that they lacked standing to challenge the permit system where they failed to apply for permits.  With regard to a facial challenge to the statute, the court held that the BGEPA passed the RFRA test, where the government asserted a compelling interest that was effectuated in the least restrictive means.  For further discussion on commerce in eagle parts, see

Detailed Discussion of Eagle Act

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U.S. v. Jacobsen


Defendants were convicted in the United States District Court for the District of Minnesota of possession of an illegal substance with intent to distribute, and they appealed. This case discussed searches and seizures and the Fourth Amendment.
U.S. v. Jim


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.
U.S. v. Kapp


A jury convicted William Kapp for multiple violations of the Endangered Species Act and the Lacey Act connected with the killing of, and trafficking in, endangered tigers and leopards and their meat, hides, and other parts. On appeal, Kapp claims he is entitled to a new trial because the evidence at trial was insufficient to support the jury's verdict and the district court erroneously admitted certain evidence. Kapp also argues that the manner in which he was sentenced violated the Sixth Amendment. The court concluded that there was sufficient evidence to support the jury's verdict on all counts, and the district court did not err in its evidentiary ruling.  His conviction was, therefore, affirmed, but a limited remand was ordered to determine whether Kapp should be resentenced .
U.S. v. Korn The Administrator of the Animal and Plant Health Inspection Service (“APHIS”) brought an administrative action against Defendants for alleged violations of the Animal Welfare Act in connection with Defendants' exotic animal exhibition activities. A judgment was entered for a civil penalty of $57,750 against each Defendant in the administrative action. Defendants have refused to pay, claiming that their due process rights were violated in the underlying administrative proceeding; the judgment, they argued, was therefore void and unenforceable. The United States filed this matter against Defendants seeking to enforce that judgment. Before this Court were the cross-motions for summary judgment. Plaintiff’s motion was granted because the Court could not overlook Defendant's absence of any effort to follow up with the Hearing Clerk, considering the many avenues of communication available. There were also no disputed issues of material fact concerning service of the Administrative Law Judge's Decision and Order, and provision of notice of Defendants' appeal rights. Moreover, this Court lacked jurisdiction to reconsider or otherwise vacate the Agency's final order. 7 U.S.C. § 2149(b) also permitted the institution of a civil action by the Attorney General to collect the penalty imposed and no other facts were presented disputing the validity of the administrative judgment imposing the civil penalty.
U.S. v. Kornwolf


Defendant sells a headdress containing golden eagle feathers obtained before 1962 to an undercover officer.  Court finds this case directly controlled by

Andrus v. Allard

.  Court reiterates prohibition on any eagle commerce.  For further discussion on the restriction of commerce in eagle parts under the BGEPA, see

Detailed Discussion of Eagle Act.

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