ELR Citation: 55 ELR 20133
No(s). CV 22-149-M-DWM (D. Mont. Sep 17, 2025) (Molloy, J.)

A district court adopted a magistrate judge's findings and recommendations in a lawsuit concerning the Forest Service's authorization of continued and expanded commercial livestock grazing leases in the Absaroka Beartooth Mountains. Environmental groups argued the Service failed under NEPA to take a "hard look" at potential effects on grizzly bears by relying on inadequate baseline information, downplaying the effect of earlier stocking dates, failing to assess potential effects to habitat connectivity, not sufficiently considering cumulative effects, and failing to prepare an EIS. The magistrate judge recommended finding in favor of the groups on all but the first ground. The groups also argued the Service and FWS violated the ESA by concluding the leases posed "no jeopardy" to grizzly bears, but the judge recommended that claim be dismissed as waived. The court found no error in the magistrate judge's findings and recommendations, adopted them in full, and granted in part and denied in part summary judgment for the groups. It vacated the EA and decision notice, and remanded to the Service to address the deficiencies.