U.S. v. Brigham Oil and Gas, L.P., 840 F.Supp.2d 1202 (D.N.D. 2012)

(oil and gas corporations charged with criminal misdemeanors for violating Migratory Bird Treaty Act (Act) by “taking” or “killing” birds when dead birds were found around their reserve pits; court held statutory use of “take” and “kill” does not refer to accidental activity or the unintended results of other conduct; court dismissed government’s claims which would criminalize lawful, commercial activity that may indirectly injure or kill migratory birds; such claim is not permitted under the Act).