Supreme Court of Colorado
State of Colorado, Department of Natural Resources and Parks and Wildlife Commission and Division of Parks And…
May 3, 2021486 P.3d 250
Summary
The court affirmed the judgment reversing summary judgment for the State and directed entry of judgment for 5 Star Feedlot. It held that the State had to prove that 5 Star performed the voluntary act proscribed by the wildlife-taking provisions, and the State offered no evidence that its lawful operation of wastewater ponds voluntarily killed or controlled the fish. The court expressly left unresolved whether the provisions also require proof that 5 Star acted knowingly.