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Grizzly Bear “Taking” Conviction Reversed by 9th Circuit

By John M. Simpson

On June 26, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed the conviction of a Montana man who had been convicted of a criminal violation of the Endangered Species Act (ESA) for shooting and killing a grizzly bear that was harassing the horses in a pasture behind the defendant’s rural home.  United States v. Charette, ___ F.3d ___, No. 17-30059 (9th Cir. June 26, 2018).  The government had charged the defendant with one count of “taking” a threatened species in violation of the ESA.  The defendant was convicted in a bench trial before a magistrate judge, and the conviction was affirmed by the district court. Continue reading Grizzly Bear “Taking” Conviction Reversed by 9th Circuit