ANDRUS, SECRETARY OF THE INTERIOR V. ALLARD
444 U.S. 51 (1979)
NATURE OF THE CASE: This was a dispute over retroactive effect of regulations that
prohibited the sale of bird parts of birds legally killed before the regulations come into
effect.
FACTS: Allard (P) was engaged in the trade of Indian artifacts. A number of the artifacts
that Allard trades in are partly composed of the feathers of currently protected birds.
However, these artifacts existed before the statutory protections came into force. After two
of the Appellees who had sold preexisting artifacts were prosecuted for violations of the
Protection Statutes, Ps brought this suit for declaratory and injunctive relief. Ps alleged
that the statutes did not prohibit the sale of their pre-regulation artifacts and that if
the statutes did apply they violated the Fifth Amendment. The trial court agreed with P's
Fifth Amendment claim. The government appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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