A trio of environmental organizations has filed suit against multiple government agencies challenging the federal predator control program in Montana, stating it adversely affects grizzly bears and their recovery.
The suit was filed against USDA’s Animal and Plant Health Inspection Service Wildlife Services program and the U.S. Fish and Wildlife Service (USFWS) regarding the May 2021 decision to continue the predator control program. It also challenges the biological opinion about how predator removal may affect grizzly bears in Montana.
“This lawsuit is the first step in exposing the dirty secret of predatory animal control ‘for livestock protection’ on our public lands,” said KC York, president and founder of Trap Free Montana, one of the plaintiffs in the suit. “The systematic destruction of predatory animals, enshrined in Montana statute, is as alive and well today as when it was written 100 years ago. Montanans, and all Americans, should expect better from both our state and federal wildlife agencies.”
Western Environmental Law Center filed the suit on behalf of Trap Free Montana, along with WildEarth Guardians and Western Watersheds Project, in the U.S. District Court of Montana Missoula division.
According to court documents, Wildlife Services prepared an environmental assessment in 2021, determining the effects of its predator control program were insignificant. The groups assert the assessment did not consider “the best available science on grizzly bears, threats to grizzly bears or grizzly bear recovery.”
The documents further assert USFWS, in their biological opinion, did not evaluate the effects of Wildlife Services’ intentional take of grizzly bears under Section 4(d) of the Endangered Species Act (ESA), which covers the “take” of a species. The lawsuit asserts USFWS’ 2012 biological opinion concluded the removal was “not likely to jeopardize the continued existence” of grizzly bears.
Wildlife Services provides lethal and non-lethal control services to protect agriculture, wildlife and other natural resources, and allows people and wildlife to coexist. Wildlife Services contracts and cooperates with other federal agencies, states, local jurisdictions, Tribes, and other private organizations and individuals to carry out predator removal in Montana. The lawsuit states Wildlife Services cooperates and receives funding from the Montana Department of Livestock and the Montana Department of Fish, Wildlife and Parks (FWP) for predator removal due to livestock losses.
According to court documents, Wildlife Services reported that between 2013-17 it captured and
transferred custody of an average of seven grizzly bears annually to FWP. In 2018, it reported taking 11 bears, and in 2019, 16 bears. USFWS does not have information on grizzly bear numbers and population trends and does not have a limit on the grizzly bear mortalities in Montana.
“Wildlife Services continues to wipe out native predators at the behest of the livestock industry while ignoring science,” said Jocelyn Leroux, Washington and Montana director with Western Watersheds Project, in a statement. “These aggressive predator-killing measures only serve to throw off the balance of native ecosystems by wiping out local predator populations and catching unintended targets in the cross-hairs. The science does not support killing predators to protect livestock. Wildlife Services needs to step forward out of the Dark Ages and stop senselessly slaughtering our native wildlife.”
The lawsuit contends Wildlife Services and USFWS violated Section 7 of the ESA for failing to use the best available science and issuing a “no jeopardy” finding. The suit also states the agencies violated the National Environmental Policy Act (NEPA) by not analyzing the cumulative effects of their actions and by not preparing an environmental impact statement.
The trio of environmentalists ask the judge to remand the matter back to the agencies to comply with NEPA and the ESA. — Charles Wallace, WLJ editor
