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THE FUND FOR ANIMALS, INC. v. KEMPTHORNE

No. 05-5352.

472 F.3d 872 (2006)

THE FUND FOR ANIMALS, INC., et al., Appellants v. Dirk KEMPTHORNE, Secretary of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 15, 2006.

Attorney(s) appearing for the Case

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

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.

Before: ROGERS, GARLAND and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

Concurring opinion filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge.

The United States is a party to international conventions with Canada and Mexico for the protection of migratory birds. Congress has implemented those conventions through the Migratory Bird Treaty Act, a statute first passed in 1918. The statute makes it unlawful to hunt or kill migratory birds "included in the terms...

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