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HUMANE SOC. OF THE U.S. v. GLICKMAN

No. 99-5309.

217 F.3d 882 (2000)

The HUMANE SOCIETY OF THE UNITED STATES, et al., Appellees, v. Dan GLICKMAN, Secretary, U.S. Department of Agriculture, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2000.

Attorney(s) appearing for the Case

James C. Kilbourne, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, and Andrew Mergen, Attorney.

Jonathan R. Lovvorn argued the cause for appellees. With him on the brief was Katherine A. Meyer.

Before: EDWARDS, Chief Judge, RANDOLPH and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The "International Convention for the Protection of Migratory Birds," 39 Stat. 1702 (1916), between the United States and Great Britain (acting for Canada) sought to preserve, in the words of Justice Holmes, "a national interest of very nearly the first magnitude," Missouri v. Holland, 252 U.S. 416

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