A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act

Authors

Samuel J. Panarella, Alexander Blewett III School of Law at the University of MontanaFollow

Document Type

Article

Publication Date

2017

First Page

153

Volume

35

Issue

2

Source Publication Abbreviation

Va. Envtl. L.J.

Abstract

This Article is presented in three parts. Part I describes the modern application (and misapplication) of the MBTA and briefly sets out the history of the Act, including the widespread, indiscriminate killing of migratory birds for food and fashion in the 19th century that first spurred Congress to act. Building off this history and the clear Congressional intent behind the MBTA to criminalize industrial activities directed at killing birds, Part II sorts human-caused bird killing activities into three categories and proposes the appropriate MBTA liability treatment for each category based both on the original purpose of the Act and on our modern understanding of the desirability of balancing critical animal species preservation against necessary industrial activity. This Article concludes in Part III with a summary of the proposed approaches to the current MBTA liability quagmire.

Recommended Citation

Panarella, Samuel J., "A Bird in the Hand: Shotguns, Deadly Oil Pits, Cute Kittens, and the Migratory Bird Treaty Act" (2017). Faculty Law Review Articles. 139.
https://scholarworks.umt.edu/faculty_lawreviews/139