A grizzly bear was killed after being mistaken for a black bear just days before a court ruling denied consultation for more protection for the federally protected species.
Conservation groups asked the 9th U.S. Circuit Court of Appeals to compel EPA and the Fish and Wildlife Service to revisit a regulation that allows black bear baiting in Idaho and Wyoming because it endangers grizzly bears. However, the court Tuesday upheld a decision by the U.S. Court for the District of Idaho that new information presented by the conservation groups does not trigger a requirement that federal agencies revisit and revise the rule.
The Endangered Species Act requires federal agencies to consult with appropriate agencies to determine whether an action would jeopardize an endangered species. In this case, conservation groups claimed that an increase in the grizzlies’ range and population size required EPA to reexamine the regulation regarding black bear baiting with the FWS.
“We have never held, nor do the plaintiffs direct our attention to any case holding, that an increase in population requires re-consultation. We will not do so now,” reads the 9th Circuit ruling signed by Judges Jay Bybee, a George W. Bush appointee; Eric Miller, a Trump appointee; and Michelle Friedland, an Obama appointee.
