Friday, September 11, 2015

United States v. CITGO Petroleum Corp.

<> United States v. CITGO Petroleum Corp. - 9/4/15. In the U.S. Court of Appeals, Fifth Circuit, Case No. 14-40128. The Appeals Court said, "CITGO urges this court to reverse the Clean Air Act convictions because the district court erroneously instructed the jury about the scope of a regulation concerning "oil-water separators." CITGO also contends that the MBTA convictions are infirm because the district court misinterpreted the centuryUnited States Court of Appeals Fifth Circuit FILED September 4, 2015 Lyle W. Cayce Clerk Case: 14-40128 Document: 00513186668 Page: 1 Date Filed: 09/09/2015 No. 14-40128 2 old statute as covering unintentional bird kills. We essentially agree with both contentions and reverse." 

  • Fifth Circuit Spurns Second and Tenth Circuits, Sides with Eighth and Ninth Circuits on Interpretation of MBTA "Take" Prohibition - Under the Migratory Bird Treaty Act (MBTA), it is unlawful to "pursue, hunt, take, capture, kill, attempt to take, capture, or kill . . . any migratory bird" protected by the Act.  16 U.S.C. 703(a) & 704(a) -- a recent decision, the U.S. Court of Appeals for the Fifth Circuit found that although the MBTA imposes a strict liability standard for any of the aforementioned acts, in order for an unlawful "taking" to occur the defendant must have taken a "deliberate act done directly and intentionally to migratory birds."

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