Mute Swans, Non-Abrogation, and Charming Betsy
The D.C. Circuit rendered an interesting decision in The Fund for Animals, Inc. v. Kempthorne on the interpretation of a federal statute regulating mute swans, a non-native species of migratory birds. At issue is whether the statute and relevant treaties prohibit the hunting and killing of mute swans. The State of Maryland wishes to reduce the population of...