Flathead-Lolo-Bitterroot Citizen Task Force v. Montana
Summary: This case was brought by several environmental organizations against the Montana Fish and Wildlife Commission to challenge the approval or regulations that authorize the trapping and snaring of wolves within grizzly bear habitat in Montana. The grizzly bear is listed as threatened under the Endangered Species Act (ESA), and the Montana trapping regulations allow wolf hunters to use foothold traps large enough to capture grizzly bears. Grizzly bears rely heavily on their front and back paws to hunt for food, so crippling their limbs with these traps will lead to the incidental killing of grizzly bears from starvation. Plaintiffs contend that allowing the trapping of wolves in grizzly bear territory is in violation of § 9 of the ESA, as it will lead to the incidental unlawful taking of grizzly bears. Plaintiffs sought a preliminary injunction to enjoin the start of the wolf trapping season, and raised questions on the merits and established a reasonable threat of harm to grizzly bears if the trapping and snaring of wolves is allowed in their habitat. On the merits of the claim, slthough defendants could prove that no grizzly bears had been killed with such traps in Montana for several years, the court found that plaintiffs succeeded on the merits as there was evidence of grizzly bears being killed by such traps in adjacent states. Plaintiffs also showed that there was a likelihood of harm to grizzly bears, with evidence that these traps will lead to the death of grizzly bears. The court granted plaintiff’s motion for preliminary injunction in part and denied in part, and enjoined the Montana Fish and Wildlife Commission from authorizing wolf trapping and snaring.