U.S. sued over policy on killing endangered wildlife

Environmental groups are taking the Justice Department to court over a policy that prohibits prosecuting individuals who kill endangered wildlife unless it can be proved that they knew they were targeting a protected animal. Critics charge that the 15-year-old McKittrick policy provides a loophole that has prevented criminal prosecution of dozens of individuals who killed grizzly bears, highly endangered California condors and whooping cranes as well as 48 federally protected Mexican wolves. The policy stems from a Montana case in which Chad McKittrick was convicted under the Endangered Species Act for killing a wolf near Yellowstone National Park in 1995. He argued that he was not guilty because he thought he was shooting a wild dog. McKittrick appealed the conviction and lost, but the Justice Department nonetheless adopted a policy that became the threshold for taking on similar cases: prosecutors must prove that the individual knowingly killed a protected species. The lawsuit charges that the policy sets a higher burden of proof than previously required, arguing, "The DOJ's McKittrick policy is a policy that is so extreme that it amounts to a conscious and express abdication of DOJ's statutory responsibility to prosecute criminal violations of the ESA as general intent crimes." WildEarth Guardians and the New Mexico Wilderness Alliance said they intend to file a lawsuit Thursday in U.S. District Court in Arizona, one of the states where Mexican wolves were reintroduced. The Times received an advance copy of the lawsuit...more