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Crow Indian Tribe v. United States

ELR Citation: 48 ELR 20168
Nos. 9:17-cv-00089-DLC, (D. Mont., 09/24/2018) (Christensen, J.)

A district court vacated FWS' decision to delist the Greater Yellowstone Ecosystem population of grizzly bears. Environmental groups argued that the agency violated the APA by failing to consider the impact of delisting on other remaining grizzly populations and arbitrarily and capriciously applying the five-factor threats analysis required by the ESA. The court found that by refusing to analyze the legal and functional impact of delisting on other populations, the agency entirely failed to consider an issue of extreme importance. Moreover, the agency's analysis of the threats faced by the Greater Yellowstone segment was arbitrary and capricious. The court therefore vacated the agency's decision and restored ESA status to the Greater Yellowstone grizzly.