American Bald Eagle v. Bhatti

TORRUELLA, Circuit Judge. The issue to be decided by this appeal is whether the hunting of deer on a Massachusetts reservation significantly affects bald eagles so as to constitute a prohibited ""taking"" of that endangered species1 as defined by the Endangered Species Act (""ESA"").2 16 U.S.C. §§ 1532(19) & 1538(a)(1)(B). How we get from a deer hunt to an allegation regarding the taking of bald eagles requires considerable explanation. I. BACKGROUND