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Fund for Animals, Inc. v. Kempthorne

ELR Citation: 36 ELR 20248
Nos. No. 05-5352, (D.C. Cir., 12/15/2006)

The court affirmed a lower court decision denying a motion for preliminary injunction that would require the protection of mute swans under the Migratory Bird Treaty Act. The Act, which implements the migratory bird conventions, makes it unlawful to hunt or kill migratory birds native to the United States. Congress, however, amended the Act in 2004 under the Migratory Bird Treaty Reform Act. The amended Act makes clear that mute swans are no longer protected by the Act. Therefore, the canon against interpreting a statute to abrogate a treaty does not apply because the amended statute is unambiguous.