A federal judge in Montana recently ruled to reimpose Endangered Species Act (ESA) protections on grizzly bears (Ursus arctos horribilis) in the Greater Yellowstone Ecosystem (GYE).
This motion comes after Judge Dana L. Christensen, Chief United States District Judge of the United States District Court for the District of Montana, blocked the upcoming managed hunt on two recent occasions. This goes against the findings and conclusions by regional wildlife biologists and U.S. Fish and Wildlife Service (USFWS).
In the 48-page document explaining why he is restoring ESA protections on this particular strain of grizzly bear, Judge Christiansen accused the agency of intentionally misleading the public by suggesting it downplayed threats to grizzlies in the region and the five surrounding recovery areas.
“Although this Order may have impacts throughout grizzly country and beyond, this case is not about the ethics of hunting, and it is not about solving human- or livestock-grizzly conflicts as a practical or philosophical matter,” wrote Judge Christensen. “These issues are not before the Court. This Court’s review, constrained by the Constitution and the laws enacted by Congress, is limited to answering a yes-or-no question: Did the United States Fish and Wildlife Service (hereinafter “Service”) exceed its legal authority when it delisted the Greater Yellowstone grizzly bear?”
“By delisting the Greater Yellowstone grizzly without analyzing how delisting would affect the remaining members of the lower-48 grizzly designation, the Service failed to consider how reduced protections in the Greater Yellowstone Ecosystem would impact the other grizzly populations. Thus, the Service “entirely failed to consider an important aspect of the problem,” he added.
Judge Christensen also wrote FWS “illegally negotiated away its obligation to apply the best available science in order to reach an accommodation with the states of Wyoming, Idaho and Montana.”
In response to the judge’s move, lawmakers, hunters, and conservation groups are prepared to fight back against this unsound ruling that legitimizes emotion over science.
Congresswoman Liz Cheney (R-WY) introduced the Grizzly Bear State Management Act. If passed, this bill would permit the Department of the Interior to reaffirm its delisting decision and bar further judicial review of it.
“The decision by a Federal District Court Judge in Montana to re-list the grizzly ignores science, and disregards the important work done by the state of Wyoming to establish an effective grizzly bear management plan,” she said. “My bill will stop this abuse of the court system and put management of the grizzly back in the hands of experts in Wyoming.”
Joe Kondelis, president of the Wyoming-based Western Bear Foundation, said this move by Judge Dana L. Christensen will have serious implications for wildlife management efforts.
“We are very frustrated at the recent ruling by Judge Christiansen on the status of the GYE Grizzly Delisting,” said Kondelis. “We have reached a point in wildlife management that is very discouraging to us, a point where sound science and 40+ years-worth of work were thrown out the window by one individual ruling from an appointed seat.”