Humane Society of the United States v. Glickman

In response to nuisance problems caused by Canadian geese in Virginia, the U.S. Department of Agriculture (defendant) developed a goose-management plan including killing the geese, despite its own environmental assessment concluding a permit from the Interior Department was needed under the Migratory Bird Treaty Act (MBTA), which prohibits "taking or killing" migratory birds by any "person, association, partnership, or corporation." A 1997 FWS memo, however, found federal agencies exempt from the permit requirement. The Humane Society and others (plaintiffs) sued to enjoin the plan; the district court held the MBTA applied to federal agencies and enjoined implementation absent a permit. The defendants appealed, arguing the federal government isn't a "person" that can be criminally liable under the MBTA's enforcement provision.