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The Climate Litigation Database
Litigation

Crow Indian Tribe v. United States

Date
2017
Geography
Montana
Part of
Crow Indian Tribe v. United States

About this case

Filing year
2017
Status
Ninth Circuit affirmed in part and remanded in part the district court order vacating and remanding the delisting rule.
Geography
Docket number
18-36030
Court/admin entity
United States → United States Federal Courts → United States Ninth Circuit (9th Cir.)
Case category
Federal Statutory Claims → Endangered Species Act and Other Wildlife Protection Statutes
Principal law
United States → Endangered Species Act (ESA)
At issue
Challenge to designation of a Greater Yellowstone Ecosystem grizzly bear distinct population segment (DPS) and a related determination that the DPS was recovered and did not qualify as endangered or threatened under the Endangered Species Act.

Documents

Filing Date
Type
Action Taken
Document
Summary
07/08/2020
Decision
Ninth Circuit affirmed in part and remanded in part the district court order vacating and remanding the delisting rule.
View
The Ninth Circuit Court of Appeals largely affirmed a district court order that remanded to the U.S. Fish and Wildlife Service (FWS) a rule delisting the Greater Yellowstone Ecosystem distinct population segment of grizzly bears under the Endangered Species Act. The Ninth Circuit agreed with the district court that the FWS’s commitment to ensuring the long-term genetic diversity of the Yellowstone grizzly was not adequate and that the FWS must commit to “recalibration” in the event of changes to the method of estimating the Yellowstone grizzly population. The lawsuits challenging the delisting rule had alleged threats to the Yellowstone grizzly bears due to climate change impacts on food sources and habitat.
10/04/2019
Response
Response and reply brief filed for the federal appellants.
View
–
06/21/2019
Brief
Opening brief filed by intervenors-defendants-appellants Safari Club International and the National Rifle Association of America.
View
–
06/21/2019
Brief
Opening brief filed by intervenor-defendant-appellants Wyoming Farm Bureau Federation et al.
View
–
06/07/2019
Brief
Opening brief filed by State of Wyoming.
View
–
06/06/2019
Brief
Opening brief filed by appellants State of Montana and Montana Department of Fish, Wildlife and Parks.
View
–
05/24/2019
Brief
Opening brief filed for the federal appellants.
View
–

Summary

Challenge to designation of a Greater Yellowstone Ecosystem grizzly bear distinct population segment (DPS) and a related determination that the DPS was recovered and did not qualify as endangered or threatened under the Endangered Species Act.