United States v. Moon Lake Electric Association, Inc.

Moon Lake Electric Association, Inc. (Moon Lake) (defendant) was a power company that supplied electricity to an oil field in an area where several species of birds, including bald eagles and golden eagles, made their homes. Because there were few trees, the birds often perched on the poles and power lines. Moon Lake did not install any of the available and affordable plastic insulators or perch guards that would have prevented perching birds from being electrocuted. As a result, several birds were killed or injured, and the United States filed an information charging Moon Lake with multiple violations of the Migratory Bird Treaty Act (MBTA) and Bald and Golden Eagle Protection Act (BGEPA, together with the MBTA, the acts), both of which generally prohibited any person, at any time or in any manner, from taking any bald eagle or golden eagle. The acts similarly defined to take to include killing, wounding, poisoning, molesting, or disturbing bald or golden eagles. The legislative record for the BGEPA, which was modeled on the MBTA, referenced the activities of power companies and advised power companies to take necessary precautions to avoid running afoul of the restrictions. Moon Lake filed a motion to dismiss, arguing that the acts did not apply to unintentional conduct not normally exhibited by hunters and poachers.