The Second U.S. Circuit Court of Appeals expressed that the Port Authority of New York City and New Jersey have the rights to kill migratory birds on any kind during emergency situations. The killing and elimination of birds are said to be necessary in cases like this to protect planes.

According to CBS New York, killing of migratory birds in New York Airports in important and necessary circumstances has been approved. This comes after various situations of catastrophes, more specifically in LaGuardia Airport and John F. Kennedy Airport, have been recorded. One example is the Hudson River emergency landing that occurred because of the bird strike in 2009. The said legal ruling was put into a decision in the year 2014 by a Brooklyn judge. To comply, Port Authority's protocol is to trap and relocate migratory birds, often snowy owls.

As to why killing has been allowed, birds can cause damage on windshields, airplane dents and can even shut down engines. Also, according to Circuit Judge Jose A. Cabranes, these migratory birds that are present in the airports and nearby act as a threat to humanity, US News & World Report shared.

Since 1994, there has been an annual renewal of permit that states killing of migratory birds' population in the airport can be reduced especially if it damages and act as a threat. An argument is being raised that the said law says otherwise and does not approve the killing of migratory birds. This is expressed in disappointment by Michael Harris, director of Friends of Animals. He pointed out that this is indeed an unnecessary killing of animals, Reuters cited.

The case will still be ongoing, involving Friends of Animals against the Second U.S. Circuit Court of Appeals. Both will be justifying their side of the case as to whether the permit and the said ruling will be made valid.