In the summer of 2006, J.D. Irving Ltd. built a new logging road on company-owned land that destroyed an area containing heron nests.
Estimates previously suggested between 12 and 20 nests in the area were destroyed when the wide track was put through the company property.
The company announced that it would be taking steps to avoid further damage, including not harvesting in the area for one year, establishing a 400-metre permanent buffer around the area and decommissioning the road.
The incident sparked a Canadian Wildlife Service investigation.
Court documents now filed by the company say the bird act should be declared unconstitutional. The documents allege the act is unnecessarily broad and lacking in precision.
The act was established in 1916 as part of a treaty between Canada, the United States and Mexico.
[source:
CBC-News ]
