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The Climate Litigation Database

Greater Yellowstone Coalition, Inc. v. Servheen

About this case

Filing year
2007
Status
Opinion issued affirming the vacating of a rule that delisted Yellowstone grizzly bears.
Docket number
09-36100, 10-35043, 10-35052, 10-35053, 10-35054
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
Action challenging decision to remove threatened-status protection for grizzly bears in Yellowstone.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
11/22/2011
Opinion issued affirming the vacating of a rule that delisted Yellowstone grizzly bears.
The Ninth Circuit Court of Appeals held  that the U.S. Fish and Wildlife Service (FWS) failed to justify its Endangered Species Act (ESA) delisting of the grizzly bears in the Yellowstone region because it did not consider the impact of climate change on a key source of the bear’s food supply. The court affirmed the vacating of the agency’s 2007 ruling to remove the bear’s “threatened” status under the ESA. The Ninth Circuit agreed with the district court that FWS did not adequately consider the impacts of climate change on whitebark pine nuts, a major source of food for the bears. The decision stated that FWS’s delisting decision did not articulate a rational connection between the data before it and its conclusion that whitebark pine declines were not likely to threaten the Yellowstone grizzly bear.
Decision

Summary

Action challenging decision to remove threatened-status protection for grizzly bears in Yellowstone.

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