ELR Citation: 53 ELR 20121
No(s). CV 23-77-M-DWM (D. Mont. Aug 2, 2023) (Molloy, J.)

A district court granted environmental groups' motion for a preliminary injunction in a challenge to FWS' decision to install a permanent pipeline for Arctic grayling in Red Rock Lakes Wilderness in southwestern Montana. The groups argued the decision violated the Wilderness Act by ignoring the Act's substantive mandates and allowing prohibited activities in a wilderness area in Upper Red Rock Lake. FWS argued the groups lacked standing and also that they were unlikely to succeed because the proposed action complied with the Act's allowance of otherwise prohibited activities for conservation purposes. The court found the groups adequately alleged standing, and that, in light of the Act's strict requirements, the mere possibility the proposed action might contribute to conservation of the Arctic grayling was not enough to prove necessity. It enjoined FWS from engaging in any project-related construction activities or other prohibited activity within the wilderness area.