Moultrie, GA – In a case highlighting the deadly intersection of agricultural practices and environmental law, Kahn Cattle Company and two individuals have been sentenced for the unlawful killing of over three thousand migratory birds and the illegal disposal of hazardous waste. The incident, which occurred in early 2003, involved the deliberate poisoning of birds on the company’s Georgia property, resulting in a significant federal investigation and ultimately, guilty pleas from all parties involved.
According to court documents, Roger Kahn and employee Branlett intentionally spread corn laced with Warbex, a highly toxic insecticide intended for topical application on cattle, around a pond on Kahn Cattle Company land. The purpose was to eliminate what they considered “nuisance birds.” However, Warbex contains Famphur, a potent chemical acutely dangerous if ingested. This deliberate act triggered a mass avian die-off, with federal and state wildlife agents eventually recovering 3,326 deceased birds.
The scope of the carnage was extensive, encompassing a diverse range of protected species. Among the dead were majestic great horned owls and red-tailed hawks, alongside more common but equally protected species such as mourning doves, Canadian geese, mallard ducks, cardinals, blue jays, red-winged blackbirds, brown thrashers, grackles, crows, and cowbirds. The sheer number and variety of birds impacted underscored the severity of the offense and prompted a swift response from environmental enforcement agencies.
Legal Ramifications
On January 21, 2005, Kahn, Branlett, and Kahn Cattle Company were formally charged with violations of the Migratory Bird Treaty Act (16 U.S.C. 703 and 707) and the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6928(d)(2)(A)). All three defendants quickly entered guilty pleas. Kahn Cattle Company admitted to illegally disposing of hazardous waste by spreading the Warbex-laced corn, while Kahn and Branlett confessed to knowingly violating the Migratory Bird Treaty Act, a federal law protecting migratory bird populations.
Sentencing, handed down on March 24, 2005, reflected the seriousness of the crimes. Roger Kahn received 24 months of probation, a hefty $156,000 fine, and was ordered to pay $95,664 in restitution. Kahn Cattle Company was also fined $156,000. Branlett received a lighter sentence of 60 days of home confinement, 12 months of probation, 160 hours of community service, and a $15,000 fine. The case serves as a stark reminder of the legal consequences associated with intentionally harming protected wildlife and improperly handling hazardous materials.
Key Facts
- Defendant: Kahn Cattle Company, Roger Kahn, and Branlett
- Location: Moultrie, Georgia
- Year: 2005
- Crime: Illegal killing of migratory birds and improper disposal of hazardous waste
- Toxic Substance: Warbex (containing Famphur)
- Birds Killed: 3,326
- Laws Violated: Migratory Bird Treaty Act (16 U.S.C. 703, 707), Resource Conservation and Recovery Act (42 U.S.C. 6928(d)(2)(A))
- Penalties: Fines totaling $327,000, probation, home confinement, restitution, and community service.
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
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