ELR Citation: 54 ELR 20043
No(s). 1:21-cv-00479-CWD (D. Idaho Mar 19, 2024) (Dale, J.)

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to an Idaho law authorizing expanded authorization of recreational wolf trapping and snaring in the state's grizzly bear habitat. The groups argued Idaho's continued authorization and expansion of trapping and snaring was reasonably certain to cause unlawful “take” of grizzly bears in violation of ESA §9, and sought to enjoin it until Idaho obtains an incidental take permit from FWS. The court found the groups demonstrated a reasonably certain threat of imminent harm in connection with Idaho's decision to allow and expand recreational trapping and snaring of wolves in areas where grizzly bears are present and during times they are out of their dens, in violation of the ESA. It permanently enjoined Idaho from authorizing recreational gray wolf trapping and snaring on public or private land in grizzly bear habitat except when it is reasonably certain that almost all grizzly bears will be in dens—December 1 to February 28— unless an incidental take statement is obtained from FWS.