Montana
9th Circuit upholds length-of-season restrictions for Montana wolf trapping, snaring • Daily Montanan
A federal court on Tuesday mostly upheld a judge’s decision last fall to limit Montana’s wolf trapping and snaring season to six weeks in January and February over what he said was the potential for grizzly bears to incidentally get caught in the traps in violation of the Endangered Species Act.
The 9th Circuit Court of Appeals, in a 2-1 decision, upheld the main part of District Court Judge Donald Molloy’s November order, which limited wolf trapping and snaring season to Jan. 1 to Feb. 15 to ensure as many grizzlies were in their dens as possible and could not be caught in the wolf traps.
But the circuit court panel disagreed with the portion of his order that limited the season length in hunting Regions 1 through 5 and in Blaine, Hill, and Phillips counties, and said the lower court needed to modify that part of its original order to only include areas where grizzly bears are known to live.
The panel also vacated the part of the order that the court said appeared to have prohibited Montana Fish, Wildlife and Parks from trapping wolves for scientific purposes, which the state says is necessary and often happens during the summer months. The order says plaintiffs’ attorneys had agreed to the injunction not applying to scientific research trapping.
The order comes as the plaintiffs in this case seek a permanent injunction to keep the restrictions on wolf trapping seasons in place, as a judge in Idaho implemented similar restrictions there, and as conservation groups appeal the U.S. Fish and Wildlife Service’s decision that wolves don’t need heightened Endangered Species Act protections in the states that are allowed to manage their wolf populations.
The two groups that challenged Montana’s 2023 wolf trapping regulations, WildEarth Guardians and the Flathead-Lolo-Bitterroot Citizen Task Force, said they see the decision as a small victory as they continue to push for a permanent injunction in the district court.
“We must give grizzly bears a fair shot at recovery, and hostile state management like Montana’s has a long way to go before it measures up to what wildlife and the public need,” said Lizzy Pennock, the carnivore coexistence attorney for WildEarth Guardians.
The defendants in the case, Gov. Greg Gianforte and Fish and Wildlife Commission Chair Lesley Robinson, almost immediately appealed Molloy’s November order to the 9th Circuit. Their attorneys argued the district court wrongly considered new arguments and materials submitted by the two conservation groups, applied the wrong injunction standard, and that the injunction did not prevent irreparable harm and was geographically overbroad.
The circuit court panel, in the majority opinion, disagreed with the state on nearly everything but the geographic overbreadth argument.
Judge Judge Mark J. Bennett and Judge Robert S. Lasnik, a Washington district court judge sitting on the appeals panel for the case, also said that the court’s consideration of a news story highlighting a sighting of a grizzly bear as far east as one had been spotted in 100 years, which was published just before the hearing, was not improper.
The state had also argued that Molloy used the wrong injunction standard by saying the plaintiffs had shown the case involved a serious question on the merits rather than meeting the higher standard of showing that they had a likelihood to succeed in the case.
But Bennett wrote that the 9th Circuit uses the “serious questions” test, and Molloy correctly used that as well. Bennett wrote that the conservation groups had shown evidence grizzly bears are not limited to geographical borders, are attracted to baited traps and can get caught in them. He also said they had shown grizzly bears would be active outside of their dens during the state’s proposed trapping season, which was to start on a floating date sometime between Nov. 27 and Dec. 1 and run through March 15.
“Given all the evidence, it was plausible for the district court to find a reasonably certain threat of imminent harm to grizzly bears should Montana’s wolf trapping and snaring season proceed as planned,” Bennett wrote. “In other words, the district court’s finding was not implausible given plaintiffs’ evidence and the evidence as a whole.”
Judge Richard C. Tallman disagreed with the other two judges on that finding, offering a partial dissent in which he said Molloy based his decision off speculative evidence offered by the plaintiffs and their exhibits.
“The record viewed in totality does not support a finding that irreparable harm is likely, other than just possible,” he wrote. “Of the four exhibits, ten declarations, and nine affidavits submitted by the plaintiffs, the bulk of the information provided is speculative in nature, offering theories about what could happen in the face of climate change or food scarcity, instead of offering any actual evidence that the harm is likely to occur.”
The other two judges disagreed with his assessment however, saying Tallman was giving more weight to evidence that would undermine Molloy’s decision than to the evidence that led him to make his decision.
“Because the district court’s finding of a reasonably certain threat of imminent harm was not implausible on the record, we must affirm that finding,” Bennett wrote.
District court will have to decide new geographic boundaries
But all of the judges agreed that the geographic area to which the season restrictions applied was too broad and said there was not enough evidence in the record to conclude having restrictions across more than half the state was necessary to prevent the accidental capture of grizzly bears.
Molloy’s decision on where the season restrictions would apply seems to have been based on the plaintiffs’ citing of a news release from FWP saying grizzlies have the potential to be found “anywhere in the western two-thirds of Montana” and a news story about the bear being spotted near the Missouri and Judith rivers in eastern Montana. But the judges said those did not constitute enough evidence to close off all wolf trapping west of Billings except for six weeks out of the year.
“The bulletin’s statement is thus couched in speculation and is too hypothetical to support the conclusion that grizzlies will likely be present in all areas of west of Billings such that the injunction’s geographic scope is necessary to protect the grizzlies,” Bennett wrote.
The judges remanded the geographic scope question back to the district court and asked it to make a finding “expeditiously.” But they also ordered that the current geographic scope stay in place until a new one is decided. Montana’s wolf hunting and trapping season concluded on March 15.
Meanwhile, the Montana Trappers Association and Outdoor Heritage Coalition have intervened in the district court case in an attempt to loosen the restrictions. Also, the two conservation groups that are plaintiffs in the case last week filed for summary judgment, asking Molloy to extend the injunction permanently and to include coyote trapping and snaring season restrictions that are identical to the wolf season restrictions – something Molloy declined to do with the preliminary injunction, meaning they can still be trapped and snared year-round for the time being.
It’s currently unclear how the court will handle the remanded geographic question in conjunction with the request for a permanent injunction, but attorneys for Gianforte and Robinson will have until May 6 to file their opposition to the request, and the two sides will have about another month to fully brief their arguments, at which time the decision would rest in the court’s hands.
Montana Fish, Wildlife and Parks spokesperson Greg Lemon said FWP agreed the geographic area of the original injunction was too broad and said the state was focused back on the district court case.
Pennock and Mike Bader, a consultant to the Flathead-Lolo-Bitterroot Citizen Task Force, said the state needed to acknowledge how climate change was shortening grizzlies’ den times and start to better acknowledge how some of its hunting and trapping policies could harm animals, like grizzlies, that do still have protections under the Endangered Species Act.
“The State of Montana cannot be entrusted with management responsibility for grizzly bears because they are acting irresponsibly towards carnivores and predators,” Bader said.
Montana
Land Board approves 33,000-acre conservation easement in northwest Montana
A proposal to put nearly 33,000 acres of working forestland in northwest Montana into a conservation easement has cleared its last major hurdle.
In a 3-1 vote on Monday, the Montana Land Board adopted language amending an agreement between timber company Green Diamond and Montana Fish, Wildlife, and Parks that closes the book on a conservation project that took four years and nearly $40 million to finalize.
The Montana Great Outdoors Conservation Easement is located between Kalispell and Libby and encompasses parts of the Salish and Cabinet mountains. The roughly 33,000 acres of land will be protected from development to support wildlife habitat and “key landscape connectivity,” according to FWP.
An FWP memo on the project says the easement also provides “permanent free public recreation access” to the enrolled lands while sustaining their use as a working forest.
The U.S. Forest Service’s Montana Forest Legacy Program is putting $20 million toward the easement. Habitat Montana, a fund administered by FWP, is contributing $1.5 million, and the Trust for Public Lands coordinated another $4.2 million of financial support for the project. Finally, Green Diamond is donating about $14 million of the land’s value.
The easement is perpetual, meaning the terms of the agreement will remain in effect indefinitely, even if Green Diamond later sells the land.
In addition to supporting long-term timber harvest, the easement will confer tax benefits to Green Diamond, which owns and manages working forests in nine states throughout the southern and western U.S. According to a FAQ on the easement, Green Diamond will continue to pay local property taxes in Lincoln, Sanders and Flathead counties once the easement is recorded.
The easement faced a tumultuous path to adoption. When the Land Board first voted on it in October, WRH Nevada Properties, which owns the mineral estate beneath approximately half of the 33,000 acres, argued that the easement jeopardized its ability to develop the subsurface mineral estate.
Peter Scott, an attorney representing WRH and Citizens for Balanced Use, argued before the Land Board on Oct. 21 that the board would be ill-advised to authorize the easement while a lawsuit over it is pending, and given that ground-disturbing activities are “not compatible” with the Montana Forest Legacy Program’s purpose.
“The folks that fund mineral exploration are not looking for conservation easements as part of their program,” Scott said. “In fact, they’re leaving and taking their mineral exploration money elsewhere. From their standpoint, Montana is not open for business in the context of mineral exploration.”
To help alleviate that concern, the board voted in October to draft language recognizing its intention to protect the mineral rights holders’ ability to access and develop their mineral rights within the easement’s bounds.
The board’s 3-1 vote effectively alters the easement to read that the mineral rights holders “shall not be infringed upon.” The mineral rights holder will retain the ability to “enter and use the [conserved land] for exploration, recovery and development of the minerals consistent with state law,” per the language adopted by the board.
State Superintendent and Land Board member Elsie Arntzen opposed a final vote on the easement, arguing that more discussion is needed and indicating that the state Legislature, which is set to gavel in for its biennial session next month, may be inclined to weigh in. She sought to postpone final action until at least the spring, a delay Gov. Greg Gianforte did not support for fear it would compromise the Forest Service’s $20 million contribution to the easement.
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Habitat conservation in Montana undergoing a ‘sea change’
When Montana Fish, Wildlife and Parks quietly unveiled a proposal to put Habitat Montana funds toward 30- and 40-year conservation leases, proponents described it as a “new conservation planning tool” while opponents warned of a “sea change” that could weaken one of the state’s most popular habitat protection programs.
“The staff worked with all of the concerned parties to get language that was agreeable. For us to make additional changes here, without consultation with all of the parties, would put us in a difficult position,” Gianforte said, adding that Arntzen had effectively missed her window to oppose the easement writ large.
“At this point, the easement has been approved, subject to this language,” Gianforte continued. “I feel a strong compunction to honor the local consensus which has been built around this, which I think is reflected in this modified language.”
Arntzen also attempted to issue a “no” vote by proxy for Montana Attorney General and Land Board member Austin Knudsen. Gianforte, who chairs the Land Board, said only members who are actively present can vote.
Gianforte also struck down an amendment offered by Secretary of State and Land Board member Christi Jacobsen to make the easement subject to a 99-year term rather than perpetual.
The easement “has been granted, has been finalized,” Gianforte said. “So I would rule your amendment out of order.”
A variety of conservation and forestry-oriented organizations support the easement, arguing that it contributes to conservation and recreational objectives, and supports local economies reliant on forestry by facilitating access to a long-term timber supply. Those groups include Rocky Mountain Elk Foundation, Montana Wildlife Federation, Trust for Public Land, Montana Wood Products Association, Montana Logging Association,Stimson Lumber and FH Stoltze Land & Lumber.
A trio of current and former elected officials opposed the easement in a letter to the Land Board, arguing that more due diligence should have been done to assess the prevalence of subsurface minerals and communicate with WRH about the project. A letter signed by Rep. Steve Gunderson, R-Libby; Sen. Dan Bartel, R-Lewistown; and Kerry White, a former state representative from Bozeman who now leads Citizens for Balanced Use, a nearly 20-year-old nonprofit that calls for more motorized recreation and resource development on public land.
The second stage of the Montana Great Outdoors Conservation Easement is still in development. It’s estimated to top 52,000 acres to the west and south of the Lost Trail National Wildlife Refuge.
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Search for missing Montana woman suspended at landfill north of Great Falls
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The search for a missing Conrad woman at the High Plains Landfill north of Great Falls has been suspended, the Cascade County Sheriff’s Office announced on Monday afternoon.
Alicia Wood, 46, was last seen on Nov. 22 and was reported missing on Nov. 30 to the Conrad Police Department. Wood’s car was found abandoned on the side of Highway 91 between Conrad and Brady and blood was later found inside the vehicle.
The Montana Department of Criminal Investigation took over the case and a lead prompted a search for Wood at the landfill. The search began on Dec. 5 and lasted nine days.
“The is not a decision we took lightly, however, we feel we have conducted a thorough search of our landfill based on the information and leads provided,” Cascade County Sheriff Jesse Slaughter said in a statement.
DCI and the Pondera County Sheriff’s Office will continue to lead the investigation.
“As I said at the beginning of our search this is just one lead in this investigation. I’m confident that the Division of Criminal Investigation will continue to follow all current and future leads,” Slaughter said.
Anyone with information about the disappearance of Alicia Woods is asked to contact the Division of Criminal Investigation by calling or 406-444-3874 or emailing contactdci@mt.gov.
The Cascade County Sheriff’s Office also thanked the numerous law enforcement and civilian agencies who assisted in the landfill search, as well as community supporters who provided meals for the search party.
Montana
7 Most Unconventional Towns In Montana
Millions of Americans and visitors from all over the world come every year to Montana, and perhaps most know the Big Sky Country state for its access to renowned national parks, like Glacier and Yellowstone. But it offers so much more. A confluence of cultural forces has shaped this region — from the Native American traditions to the gold rushes — and it is that Old West spirit that Montana’s residents have proudly kept alive. In Montana, we’ve discovered seven of the most unconventional towns. They dot the Montana map, inviting visitors to experience and be fully immersed in the state’s heritage and traditions.
Philipsburg brings a bygone mining era back to life. Red Lodge is the ultimate rugged alpine experience. Bigfork is valued for its art scene and summer theater. Livingstone is the “Gateway to Yellowstone.” Virginia City is a well-preserved gold rush historical experience. Whitefish is a haven for outdoorsy types, but it also has a touch of sophistication. Fort Benton, is remembered as the “Birthplace of Montana.” Join the tour and discover how each of these towns is as unique as the landscapes they inhabit.
Philipsburg
Nested in a verdant valley between the Sapphire Mountains and Flint Creek is the town of Philipsburg, with its dense pine forests and alpine lakes. The downtown is marked by restored 19th-century buildings with colorful frontages. The friendly town has a nostalgic vibe with its antique shops and boutique shopping, such as the Sweet Palace, a candy store. Historical landmarks include the Opera House Theatre, built in 1891, and The Granite Country Museum, showcasing the town’s mining heritage. Sapphire mining at Gem Mountain is a unique experience. The Granite Ghost Town State Park and the annual Flint Creek Valley Days festival with its parade and live music make Philipsburg extra special.
Red Lodge
With access to Beartooth Highway, what has been dubbed “the most beautiful drive in America,” Red Lodge is an exceptional town. The downtown boasts of Wild West-style architecture, with saloons, eateries and art galleries. Historical landmarks are The Carbon County Historical Society and Museum, displaying the town’s ranching and mining history. Commercial attractions include the Yellowstone Wildlife Sanctuary. The town is settled at the base of the Beartooth Mountains and surrounded by rolling meadows.
Bigfork
Enveloped by forests, rolling hills and settled along the northeastern shore of Flathead Lake is the town of Bigfork. Bigfork’s downtown blends rustic log cabins with modern designs. The charming town is lined with bistros, galleries and shops. The town has a thriving art scene, annual events like the Bigfork Festival of the Arts, brings the whole community together. Wayfarers State Park provides breathtaking views of Flathead Lake and is rich in Native American history. One thing that is special about this town is The Bigfork Summer Playhouse, a seasonal theater that has given the town the nickname “Montana’s Broadway.”
Livingston
Downtown Livingston with its turn-of-the-century brick buildings hosting quirky cafes, bars and bookshops, presents residents and visitors with a relaxed, artsy vibe. The town is prized as a “foodie paradise” with local favorites like Fainting Goat Pub and Engine Room Deep Dish Pizza. Lying along the Yellowstone River, the small town is surrounded by the Crazy and Absaroka mountains. One thing that stands out is Livingston hosts an annual famous rodeo and has become known as the “Gateway to Yellowstone.” The Livingston Depot Center is a restored train station, which showcases the town’s railroad history. Livingston is a haven for outdoor enthusiasts with activities like fly-fishing, hiking and, of course, access to Yellowstone National Park.
Virginia City
Once known as “Fourteen Mile City,” the gold rush era town of Virginia City is based in a valley and surrounded by sagebrush hills and the Tobacco Root Mountains. During its heyday period the town was regarded as a social center and transportation hub in the region. Today the entire town is a historic site. Something that makes Virginia City unusual is the town actors that bring the mid-1800s to life again. The small settlement feels like a well-preserved ghost town with its wooden sidewalks, saloons, and mercantile shops. Be sure not to miss the Virginia City Opera House and Alder Gulch. Visitors can pan for gold and take a historic stagecoach ride.
Whitefish
The town of Whitefish has a unique tradition, known as their annual Huckleberry Days, which celebrates the local berry. A gateway to Glacier National Park, surrounded by forests and lakes with views of Big Mountain, Whitefish is plentiful in natural beauties, with much to explore and see. The downtown combines rustic architecture with a sophisticated modern touch. Be sure to check out the Whitefish Farmers’ Market, along with the many fine dining options and boutiques. Big Mountain has the best skiing in the winter and the tail rides through Bar W Guest Ranch are second to none. No visit to Whitefish is complete without some time by or on the water. Whitefish City Beach is a great place for the whole family to play. The Great Northern Railway Depot and Whitefish Lake State Parks are historical landmarks.
Fort Benton
When visitors drive past herds of antelope and deer while enjoying majestic views in all directions, they quickly come to understand why Fort Benton has been praised for its beauty by both Forbes and National Geographic Traveler. Located along the Missouri River and surrounded by rolling planes and the region’s rich agricultural land, Fort Benton is a gem of a town. Fort Benton’s downtown blends well-maintained frontier-era buildings and modern designs. Landmarks include The Lewis and Clark Memorial and the Museum of the Upper Missouri, which display the town’s role in westward expansion. Be sure to book boat tours with groups like Upper Missouri River Guides for excursions along the Missouri River that showcase views of bluffs and local wildlife.
Parting Thoughts
Montana is the fourth-largest state in the U.S., covering over 147,000 square miles. Its name comes from the Spanish word montaña, meaning “mountain,” reflecting its dramatic landscapes. The Missouri River, one of North America’s longest rivers, begins in Montana. The state experiences a range of weather, from snowy winters to warm summers. Rich in history, Montana was once home to Native American tribes like the Crow and Blackfeet. Today, it’s celebrated for its outdoor recreation, including hiking, fishing, and skiing. These seven most unconventional towns in Montana are each marked out for something special in their natures, which have become woven together into the cultural tapestry of this Old West state. From world class national parks to outstanding natural wonders to rich Native American and gold rush histories, these towns are quintessentially Montana.
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