Judge declines to issue quick ruling on protecting grizzlies
MISSOULA, Mont. — A Montana judge said Thursday he would not make an immediate ruling on whether to restore federal protections for a group of about 700 grizzly bears in the Rocky Mountains, forcing wildlife advocates to try to find another legal way to block bear hunting set to begin this weekend in two states.
U.S. District Judge Dana Christensen said at a packed court hearing in Missoula that he knew many people expected him to issue a quick ruling from the bench on the fate of the bears living in and around Yellowstone National Park but told those attending “that’s not going to happen.”
He said he would issue a decision as quickly as possible but did not say whether he would rule before Saturday, when Wyoming and Idaho scheduled the first bear hunts to begin in the Lower 48 states since 1974.
“If I issued a decision today that would mean I have already made up my mind,” Christensen said.
Christensen asked Erik Petersen, Wyoming’s senior assistant attorney general, if his state would consider delaying the hunt until the judge’s ruling is issued. Petersen did not directly answer Christensen but made a counteroffer to the judge.
Wyoming Gov. Matt Mead was willing to “make adjustments” to the hunting season, Petersen said, if the judge leaves Wyoming, Montana and Idaho in charge of managing the bears — even if he rules the U.S. Fish and Wildlife Service needs to revise its rule declassifying grizzlies as threatened. “The likelihood of any significant harm to the population is essentially nil,” Petersen said.
Christensen did not take Petersen up on his offer in the hearing. The judge’s delayed ruling prompted the wildlife advocates who are pushing to restore federal protections to the bears to hurriedly draft a request for a temporary restraining order that would block the opening of the Wyoming and Idaho hunts.
Tim Preso, an Earthjustice attorney representing several conservation groups and the Northern Cheyenne tribe, asked the judge to rule on the request quickly so that they can file an emergency request with the 9th U.S. Circuit Court of Appeals, if necessary.
Mike Garrity, the executive director for plaintiff Alliance for the Wild Rockies, siad it was essential for Christensen to rule before Saturday. “It’s very important because 30 minutes before sunrise on Saturday morning, people could start killing bears,” Garrity said.