ELR Citation: 53 ELR 20046
No(s). CV 21-136-M-DWM (D. Mont. Mar 15, 2023) (Molloy, J.)

A district court granted in part and denied in part summary judgment for environmental groups in a lawsuit concerning FWS' management of grizzly bear recovery in the Bitterroot Ecosystem. The groups argued FWS violated NEPA and the APA by choosing not to implement grizzly bear recovery plans adopted in 2000, failing to finalize a 2001 proposed rule change regarding bear management, and failing to prepare a supplemental EIS to consider changed circumstances regarding grizzly bears in the area. The court found that FWS had unreasonably delayed implementing the adopted plans and failed to conduct a supplemental EIS, but that plaintiffs lacked standing to pursue their claim regarding finalization of the rule. The court remanded to the Service to prepare a supplemental EIS and if warranted, a new record of decision and final rule for the recovery plans.