By Rob Chaney
A federal judge returned Yellowstone-area grizzly bears to Endangered Species Act protection and effectively blocked grizzly hunting seasons in Wyoming and Idaho on Monday.
"Although this order may have impacts throughout grizzly country and beyond, this case is not about the ethics of hunting and it is not about solving human- or livestock-grizzly conflicts as a practical or philosophical matter," U.S. District Judge Dana Christensen wrote at the start of his 48-page ruling. "This court's review, constrained by the Constitution and the laws enacted by Congress, is limited to answering a yes-or-no question: Did the United States Fish and Wildlife Service exceed its legal authority when it delisted the Greater Yellowstone grizzly bear?"
Christensen ruled the agency did err by failing to consider how delisting the estimated 750 grizzlies in and around Yellowstone National Park might affect survival of another roughly 1,200 bears in five other recovery areas. He wrote Fish and Wildlife Service (FWS) also acted arbitrarily and capriciously in analyzing threats to the Yellowstone bears.