Dep't of Nat. Res. v. 5 Star Feedlot, Inc

Summary

The court held that the State had to prove that 5 Star committed the voluntary act proscribed by the wildlife-taking statutes: consciously killing or acquiring possession of or control over protected wildlife without authorization. Because the State alleged and proved only the lawful operation of wastewater ponds and the fish deaths resulted from an extraordinary rainstorm, it failed to establish the required actus reus. The court therefore affirmed the appellate judgment and remanded for entry of judgment in 5 Star's favor, while declining to decide whether the statutes also require knowing conduct.