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The Climate Litigation Database

Crow Indian Tribe v. United States

Geography
Year
2017
Document Type
Litigation
Part of

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.
Docket number
18-36030
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Ninth Circuit (9th Cir.)
Case category
Federal Statutory Claims (US)Endangered Species Act and Other Wildlife Protection Statutes (US)
Principal law
United StatesEndangered 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.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
07/08/2020
Ninth Circuit affirmed in part and remanded in part the district court order vacating and remanding the delisting rule.
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.
Decision
06/21/2019
Opening brief filed by intervenors-defendants-appellants Safari Club International and the National Rifle Association of America.
Brief
06/21/2019
Opening brief filed by intervenor-defendant-appellants Wyoming Farm Bureau Federation et al.
Brief
06/07/2019
Opening brief filed by State of Wyoming.
Brief
06/06/2019
Opening brief filed by appellants State of Montana and Montana Department of Fish, Wildlife and Parks.
Brief
05/24/2019
Opening brief filed for the federal appellants.
Brief

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.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Economic sector
Adaptation/resilience
Finance