Description: Challenge to Montana's expansion of wolf trapping and snaring in grizzly bear habitat.
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Flathead-Lolo-Bitterroot Citizen Task Force v. Montana
Case Documents:
Filing Date Type File Action Taken Summary 04/23/2024 Opinion Download Preliminary injunction affirmed in part and vacated in part. Ninth Circuit Narrowed Scope of Injunction Restricting Montana’s Authorizations of Wolf Trapping and Snaring. The Ninth Circuit Court of Appeals affirmed in part a district court’s granting of injunctive relief preventing the State of Montana from authorizing wolf trapping and snaring in certain places and at certain times of year when grizzly bears would not be denning. The Ninth Circuit found that the district court applied the proper preliminary injunction standard and that the district court did not abuse its discretion when determining that the plaintiffs raised a serious question on the merits as to whether Montana’s recreational wolf trapping and snaring regulations would cause unlawful “take” of grizzly bears. The Ninth Circuit further found that “it was plausible for the district court to find a reasonably certain threat of imminent harm to grizzly bears should Montana’s wolf trapping and snaring season proceed as planned,” including because the plaintiffs’ evidence showed that nearly 40% of grizzly bears would be active during the proposed wolf trapping season due in part to the warming of temperatures and the availability of vegetal food earlier and later in the year. The Ninth Circuit found that the temporal scope of the injunction was supported but that it was geographically overbroad. The Ninth Circuit also found that the injunction should not have applied to wolf trapping and snaring related to government research. One judge dissented in part, writing that the preliminary injunction should have been vacated entirely. -
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana
Case Documents:
Filing Date Type File Action Taken Summary 11/21/2023 Notice of Appeal Download Notice of appeal filed by State of Montana et al. 11/21/2023 Order Download Motion for preliminary injunctive relief granted in part. Montana Federal Court Said Montana Could Not Allow Wolf Trapping When Grizzly Bears Were Not Reasonably Certain to Be in Dens. The federal district court for the District of Montana enjoined the State of Montana from authorizing wolf trapping and snaring in certain areas except during the time period in January and February “when it is reasonably certain that almost all grizzly bears will be in dens.” The court found that plaintiff organizations had, “at a minimum, raised serious questions going to the merits” of their claim that Montana’s regulation extending the length of the trapping areas and expanding the area where trapping may occur was reasonably certain to result in takes of grizzly bears in violation of Section 9 of the Endangered Species Act. The court further found that the plaintiffs presented a “substantial body of evidence” that future takes of grizzly bears in legal wolf and coyote traps were reasonably certain, which established irreparable harm sufficient for a preliminary injunction. The court found, among other things, that the plaintiffs “convincingly argue[d]” that the trend of grizzly bears being active outside their dens after November 27 or before March 15 was “likely to increase due to a warmer winter climate.” 09/22/2023 Complaint Download First amended complaint filed. 09/22/2023 Motion Download Brief filed by plaintiffs in support of motion for preliminary injunction. 09/11/2023 Complaint Download Complaint filed.