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Provisions of New Mexico Campaign Reporting Act Invalidated

By FindLaw Staff on June 30, 2010 2:39 PM

New Mex. Youth Organized v. Herrera, No. 09-2212, involved an action by political committees challenging New Mexico's ability to regulate plaintiffs pursuant to the New Mexico Campaign Reporting Act ("NMCRA").  The court of appeals affirmed summary judgment for plaintiffs, on the ground that the organizations could not be constitutionally said to have a primary purpose of influencing elections--as measured by either a comprehensive examination of their activities or by their satisfaction of the $500 threshold--such that they could be subject to the full range of disclosure and report provisions.

In US v. Apollo Energies, Inc., No. 09-3037, the court of appeals affirmed in part Defendants' convictions under the Migratory Bird Treaty Act (MBTA) after dead migratory birds were discovered lodged in a piece of their oil drilling equipment called a heater-treater, holding that one defendant proximately caused the harm to protected birds.  However, the court reversed in part on the ground that a strict liability interpretation of the MBTA for the conduct charged here satisfied due process only if defendants proximately caused the harm to protected birds.

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