United States v. Apollo Energies, Inc.
United States Court of Appeals for the Tenth Circuit
611 F.3d 679 (10th Cir. 2010)
Relevant factsFree
After the Fish and Wildlife Service notified oil companies (including Apollo, but not Dale Walker's Red Cedar Oil) about protected birds dying in unprotected heater-treater exhaust pipes, dead protected birds were found in Apollo's equipment in 2007 and in Walker's equipment in both 2007 and 2008; Apollo and Walker were convicted of MBTA violations, and appealed, arguing they lacked intent and that only unmanned equipment, not any human act, caused the deaths.
IssueFree
Whether a defendant can be found guilty of violating the Migratory Bird Treaty Act if the defendant does not proximately cause the violation.