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- Crow Indian Tribe v. United States
Litigation
Crow Indian Tribe v. United States
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
09/24/2018
Decision
Delisting rule vacated and remanded.
The federal district court for the District of Montana vacated the U.S. Fish and Wildlife Service (FWS) final rule delisting the Greater Yellowstone Ecosystem population of grizzly bears and restored Endangered Species Act status to the Greater Yellowstone grizzlies. The court agreed with the plaintiffs that the FWS “entirely failed to consider an important aspect of the problem” because it did not analyze how delisting the Greater Yellowstone grizzlies would affect the remaining population in the lower 48 states. The court also found that the FWS threat analysis was arbitrary and capricious both because it “illegally negotiated away its obligation to apply the best available science” by dropping a “key commitment” to calibrate any population estimator used in the future to the estimator used to justify the delisting and also because the FWS illogically relied on studies to support its determination that the Greater Yellowstone grizzlies could remain independent and genetically self-sufficient when the studies concluded that introduction of new genetic materials was necessary to ensure the grizzlies’ long-term health. The court’s decision cited one of the studies as recommending measures to ensure cross-breeding between ecosystems “particularly given the unpredictability of future climate and habitat changes.”
08/30/2018
Motion
Joint motion for temporary restraining order and preliminary injunction filed by organizational plaintiffs.
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08/30/2018
Decision
Motions for temporary restraining order granted.
On August 30, 2018, the federal district court for the District of Montana granted a motion for a temporary restraining order halting the hunting of grizzly bears. Plaintiffs challenging the delisting of the Greater Yellowstone Ecosystem distinct population segment of grizzly bears under the Endangered Species Act filed the motion after the court heard arguments on the merits of the case earlier in the day. The hunting season was scheduled to begin on September 1. The plaintiffs have asserted a number of problems with the FWS’s decision-making, including a failure to adequately consider the impacts of climate change on the grizzly bears.
08/22/2018
Reply
Reply to opposition to cross motion for summary judgment filed by defendant-intervenors Safari Club International and the National Rifle Association of America.
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08/22/2018
Reply
Reply filed in support of cross-motion for summary judgment by Wyoming Farm Bureau Federation et al.
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08/22/2018
Reply
Reply filed by federal defendants in support of cross motion for summary judgment.
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08/22/2018
Reply
Reply memorandum filed by defendant-intervenor Idaho in support of cross-motion for summary judgment.
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08/22/2018
Reply
Reply filed by defendant-intervenor Wyoming in support of cross-motion for summary judgment.
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08/08/2018
Response
Plaintiffs filed response in opposition to defendants' motions for summary judgment and reply in support of plaintiffs' motion for summary judgment.
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07/25/2018
Motion For Summary Judgment
Brief filed by Montana in support of cross motion for summary judgment and opposition to plaintiffs' motions for summary judgment.
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06/13/2018
Decision
Memorandum filed by WildEarth Guardians in support of motion for summary judgment.
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06/13/2018
Motion For Summary Judgment
Memorandum filed by plaintiffs Sierra Club et al. in support of motion for summary judgment.
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06/08/2018
Motion For Summary Judgment
Memorandum of law filed in support of plaintiff Robert H. Aland's motion for summary judgment.
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01/08/2018
Decision
Motion for partial summary judgment filed by Sierra Club, Center for Biological Diversity, National Parks Conservation Association, and Northern Cheyenne Tribe.
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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.