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Crow Indian Tribe v. United States

ELR Citation: 48 ELR 20155
Nos. CV 17-89-M-DLC, (D. Mont., 08/30/2018) (Christensen, J.)

A district court issued a temporary restraining order on the scheduled opening of grizzly bear hunting in Idaho and Wyoming. A Native American tribe argued that FWS violated the ESA when it removed the Greater Yellowstone Ecosystem grizzly bear from the list of threatened species, and sought to restrain the agency from authorizing or implementing hunting on September 1. The court found that a temporary restraining order was warranted because the threat of death to individual grizzly bears posed by the scheduled hunt was sufficient to establish irreparable harm, and the agency's delisting decision raised serious questions on the merits. The court therefore temporarily restrained and enjoined the agency from authorizing and/or implementing hunting for fourteen days while the court considers the tribe's challenge to the agency's delisting decision.