Flathead-Lolo-Bitterroot Citizen Task Force v. Montana
ELR Citation: 53 ELR 20182 No(s). CV 23-101-M-DWM (D. Mont. Nov 21, 2023) (Molloy, J.)
A district court granted in part and denied in part environmental groups' motion to preliminarily enjoin the state of Montana's wolf trapping and snaring season as authorized by recently approved regulations. The groups argued the regulations, which expanded both the length of the season and the geographic areas where trapping can occur, were reasonably certain to cause trapping and snaring of grizzly bears in violation of ESA §9. The court found the groups established serious questions on the merits and presented a substantial body of evidence that future takes of grizzlies in legal wolf traps were reasonably certain under Montana's current scheme. It enjoined Montana from authorizing wolf trapping and snaring in all areas included in wolf regions one through five, as well as Hill, Blaine, and Phillips Counties, except from January 1, 2024, to February 15, 2024, when it is reasonably certain that almost all grizzly bears will be in dens.