Judge Puts Greater Yellowstone Grizzlies Back On Endangered Species List

A judge has returned Endangered Species Act protections to grizzly bears in the Greater Yellowstone Ecosystem/NPS

Grizzly bears that roam the Greater Yellowstone Ecosystem have regained protection from hunters under the Endangered Species Act due to a judge's ruling that the U.S. Fish and Wildlife Service did not adequately consider how delisting the bears would impact the species as a whole. The much-anticipated ruling brought an end to grizzly hunts in Idaho and Wyoming before they could begin.

In his 48-page ruling, U.S. District Judge Dana L. Christensen said the Service "entirely failed to consider an important aspect of the problem" by not carefully reviewing how the decision would impact grizzly populations in the lower 48 states. Furthermore, he said the agency acted arbitrarily and capriciously by refusing to commit that any future approach to estimating grizzly numbers in the ecosystem is "calibrated" to the approach to justify delisting.

Interestingly, Judge Christensen's finding on that second point mirrors concerns voiced two years ago by Yellowstone National Park Superintendent Dan Wenk, who at the time was the only voice on the Yellowstone Ecosystem Subcommittee of the Interagency Grizzly Bear Committee opposing the conservation strategy that was to be used once the bears lost their ESA protections. 

Wenk, who is retiring this month, at the time told the Traveler he was concerned about the "ambiguity" of the conservation strategy's intent to continue to base grizzly bear populations on the so-called Chao2 estimator. That estimator factors in numbers of grizzly sows not observed by researchers working on estimates. While the conservation strategy said the Chao2 methodology would be used for the "foreseeable future," Superintendent Wenk wanted greater assurance that Chao2 would remain in the plan.

Some see the Chao2 method as being too conservative, and that the grizzly bear population could be substantially higher than the nearly 700 bears thought to be in the ecosystem. If the population is, for example, actually 1,100 bears, then quotas for hunters could be higher. As a result, there could be pressure down the line to move to a more liberal estimator that could allow Wyoming, Montana, and Idaho to sell more bear hunting licenses.

By not ensuring consistency in population estimates, wrote Judge Christensen, "the Service illegally negotiated away its obligation to apply the best available science in order to reach an accommodation with the states of Wyoming, Idaho, and Montana."

He also said the Service erred greatly by relying on two studies to support a finding that the ecosystem's bears would remain genetically healthy under the conservation plan. 

"... the Service's reliance is illogical, as both studies conclude that the longterm health of the Greater Yellowstone grizzly depends on the introduction of new genetic material," the judge wrote.

"By refusing to analyze the legal and functional impact of delisting on other continental grizzly populations, the Service entirely failed to consider an issue of extreme importance," Judge Christensen concluded. "Moreover, the Service's analysis of the threats faced by the Greater Yellowstone grizzly segment was arbitrary and capricious."

The ruling, which sends the issue back to the Service to reconsider, was hailed by conservation groups.

“The grizzly is a big part of why the Yellowstone region remains among our nation’s last great wild places,” said Earthjustice attorney Tim Preso, who argued the case. “This is a victory for the bears and for people from all walks of life who come to this region to see the grizzly in its natural place in the world.”

At the National Parks Conservation Association, Bart Melton said, “Grizzly bears that call Grand Teton and Yellowstone national parks home will no longer be threatened by an aggressive hunt that was planned this fall on lands bordering the national parks, thanks to the court’s ruling."

"The Department of the Interior can now go back to the drawing board to hopefully consider what research, such as the long-term impacts of climate change on the population, must be considered to ensure a healthy long-term future for Greater Yellowstone Ecosystem grizzlies,” he added.

In August 2017, the Fish and Wildlife Service removed the Yellowstone-region grizzly bear population from the federal endangered and threatened species list, even though the area’s grizzly population has suffered high levels of human-caused deaths in recent years.