I. Introduction

II. Background ... A. God Save the Birds: The History of United States Environmental Protection Legislation and the U.S.–Great Britain Treaty ... B. No Clear Skies Ahead: The Relevant Sections of the MBTA ... C. Walking on Eggshells: The Federal Circuits Disagree on Whether Incidental Killings May Be Sanctioned Under the MBTA ... D. Ruffled Feathers: United States v. CITGO Petroleum Corp. and the Continued Confusion

III. Analysis: Despite the Fifth Circuit’s Ruling, the MBTA’s Language Has an Expansive Wingspan ... A. The Sky Is the Limit: The MBTA’s Language and Legislative History Support Sanctioning Incidental Taking of Protected Birds … 1. Taking a Different Direction: The MBTA’s Plain Language Supports Misdemeanor Penalties for Incidental Takings ... 2. Under Congress’s Wing: The MBTA’s Legislative History Supports MBTA Penalties for Misdemeanor Incidental Takings ... B. Migrating in the Right Direction: Persuasive Policy Considerations for Sanctioning Incidental Killings … 1. Compliance at 5000 Feet: International Obligations and Department of the Interior’s Regulations ... 2. Not Just Winging It: Extending Violations of the MBTA to Include Incidental Killing Does Not Risk Inappropriate Sanctions

IV. Conclusion