ELR Citation: ELR 20935
No(s). 88-10033 (D. Idaho Feb 10, 1989)

The court holds that the Migratory Bird Treaty Act (MBTA) is unconstitutionally vague when applied to defendant, whose application of registered pesticides to an alfalfa field inadvertently poisoned a flock of geese. The court first notes that the lack of a scienter element in a strict liability cri...