Friends of the Bitterroot v. Burgum
ELR Citation: 56 ELR 20079 No(s). CV 24-169-M-DLC (D. Mont. Jun 9, 2026) (Christensen, J.)
A district court granted in part and denied in part summary judgment for environmental groups in a challenge to a 2023 amendment to a 1987 forest plan for Bitterroot National Forest. The groups alleged the amendment eliminated prior restrictions on road densities and motorized access without adequately considering the impacts to grizzly bears and bull trout. They argued the Forest Service and FWS failed to adequately address threats to grizzly bears and bull trout in violation of the ESA, failed to take a "hard look" at species impacts in violation of NEPA, failed to prepare an EIS as required by NEPA, and failed to maintain or restore both grizzly bear and bull trout connective habitat in violation of the National Forest Management Act (NFMA). The court found the groups were entitled to summary judgment on all of their ESA claims and the majority of their NEPA claims, but that the record supported the Forest Service's decision not to prepare an EIS and scope of its NFMA analysis. It granted summary judgment for the groups on their ESA claims and most of their NEPA claims, and granted the Services' cross-motion as to the remaining claims.