Wyoming and
federal officials want to combine and transfer
two grizzly-related lawsuits over the Upper
Green rangeland grazing program from
Washington, D.C., to a Wyoming courtroom.
Both lawsuits were filed on March 31 in
District of Columbia’s U.S. District Court,
with Judge Amit P. Mehta presiding, by two
sets of conservation and wildlife nonprofits.
Both challenge the Bridger-Teton National
Forest’s decision to renew Sublette County
ranchers’ grazing permits in the Upper
Green River rangeland.
They argue the Forest Service’s reliance
on the U.S. Fish and Wildlife Service’s
2019 Biological Opinion and “incidental
take statement” violates the National
Environmental Protection Act. The “2019
BiOp” determined up to 72 Greater
Yellowstone Ecosystem grizzlies could be
killed in the Upper Green over a decade to
protect livestock without affecting grizzlies’
recovery.
One coalition – Western Watersheds,
Alliance for the Wild Rockies and
Yellowstone to Uintas Connection – argues
broadly the federal agencies violated NEPA
and the Administrative Procedures Act and
the grizzlies should remain protected.
The other – Center for Biological
Diversity and Sierra Club – focuses more
on BTNF’s “flawed” reliance on the FWS’s
2019 Biological Opinion.
Combine both
Each lawsuit is at an early stage; both
sought preliminary injunctions against the
BTNF or FWS taking any grizzlies during
this summer’s grazing season. Both cases’
court schedules, motions and hearing overlap
each other.
The federal agencies announced their
intent to combine the two lawsuits: “(FS and
FWS) intend to move the Court to consolidate
the (Center for Biological Diversity) matter
and Western Watersheds Project, et al. v. D.
Bernhardt, the State of Wyoming, the Upper
Green River Cattle Association, Sommers
Ranch, LLC, Price Cattle Ranch, Murdock
Land and Livestock Co., and the Wyoming
Stock Growers Association, No. 20-cv-860
(D.D.C.) because of the significant factual and
legal overlap between the two cases.”
WWP lawsuit
WWP argues that Greater Yellowstone
Ecosystem grizzly bears in the rangeland are
endangered by the Forest Service and U.S.
Fish and Wildlife Service’s analyses and final
decision. It also highlights the endangered
Kendall Warm Springs dace, a small fish
found only near the Upper Green River.
On June 1, Judge Mehta allowed the state
of Wyoming, Upper Green River Cattle
Association, Sommers Ranch, Murdock Land
and Livestock Co., Price Cattle Ranch and
Wyoming Stock Growers Association with
Jim Magagna to intervene, against WWP’s
objections.
The judge heard arguments June 3 for and
against WWP’s motion for a preliminary
injunction “to preserve the status quo” for
“listed species” in the Upper Green rangeland.
On June 12, Judge Mehta denied WWP’s
motion.
“The court issues this order today to
remove any uncertainty about (FS and FWS)
ability to take nuisance grizzly bears from the
Upper Green River Area Rangeland Project,
consistent with the 2019 Biological Opinion
and Incidental Take Statement, when the
permitted cattle drive is expected to commence
on June 14, 2020. The court’s Memorandum
Opinion providing the reasons for its decision
will issue the week of June 15, 2020.”
The judge’s memo was not posted by press
time.
Move to transfer
The first federal motion to transfer the
WWP case to Wyoming was filed May 22.
In opposition, WWP argued, “In this
case, three conservation organizations,
headquartered in Idaho, Montana and Utah,
challenge the failure of federal agencies and
officials located in the District of Columbia
to comply with the Endangered Species
Act and the Administrative Procedure
Act. Specifically, (WWP) filed this case
to challenge the management of protected
species by the U.S. Fish and Wildlife Service
and U.S. Forest Service.”
On June 16, the federal agencies responded,
“(WWP’s) complaint concerns local
issues that should be decided in Wyoming.
The majority of the Greater Yellowstone
Ecosystem population of the grizzly bear
(as well as all grizzly bears in the project
area) and the entire dace species are within
Wyoming. Moreover, neither plaintiffs nor the
18 permittees authorized to graze their cattle
on those allotments have any connection to the
District of Columbia. … And the lead plaintiff
in this case – the Western Watersheds Project –
maintains offices in Wyoming, whereas none
of the Plaintiffs has any offices in Washington,
D.C.”
CBD lawsuit
In the Center for Biological Diversity’s
case, the federal motion to transfer its case
to Wyoming was filed June 11, arguing it
should have been filed here because it involves
regional and Sublette County officials,
ranchers and livelihoods.
“The litigation involves the effect of the
authorization of grazing on grizzly bears in
the Upper Green River Rangeland Project
Area, which is located entirely in the state
of Wyoming,” it states. “There are strong
connections between this case and the state
of Wyoming and the connection between this
case and the District of Columbia is weak.”
The groups oppose its transfer from
Washington, D.C., to Wyoming. Both are
incorporated in California with offices in
Washington, D.C.
“Despite the fact that plaintiffs maintain
offices in the District of Columbia, the official
actions occurred in Wyoming,” the federal
motion states. “The connection between
plaintiffs, the controversy, and the chosen
forum in this case – the District of Columbia
– is highly attenuated, thus favoring transfer to
the judicial district where the regulated species
and the area at issue are located and where the
events giving rise to the case occurred, the
District of Wyoming. … This case has little to
do with actions by any federal official or office
in Washington, D.C.”
.