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.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at June 20, 2026, results for each game:
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When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
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This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
Montana
Planning For Life After Coal Cost a Montana County Commissioner His Seat – Inside Climate News
Robert Pancratz couldn’t believe it.
The Musselshell County commissioner had been defeated in the Republican primary for his seat by a two-to-one margin earlier this month. Mark Olson, who lives in Musselshell and serves as the undersheriff in Golden Valley County, won by 26 percentage points.
“That just blew me away,” Pancratz said. “All of my campaign, I had not a hint that there was that much opposition.”
At stake, from Pancratz’s perspective, is the fiscal future of his community, which includes Roundup, Montana, home to Montana’s only longwall coal mine. The mine, owned and operated by Signal Peak Energy, sits on the eastern side of the continental divide in a staunchly conservative part of the state, where its presence provides jobs and its profits generate taxable revenue for local governments. (The vast majority of its coal, the dirtiest fossil fuel, goes to markets in Asia.)
But that revenue could potentially be diminished by tens of millions, according to calculations by Pancratz, if a bill introduced by U.S. Sen. Steve Daines, R-Mont., passes Congress. The Crow Revenue Act would convey federally held coal to Signal Peak through a land transfer to a private intermediary, depriving Musselshell County of its share of the taxes Signal Peak Energy pays to mine coal on federal land.
If the Crow Revenue Act does not pass Congress, Signal Peak says it could be forced to shut down if it loses a lawsuit in the U.S. District Court for the District of Montana challenging the “energy emergency” the Trump administration used to grant the mine access to federal coal. That outcome would wipe out all the mine’s tax revenue and hundreds of jobs, the company claims. This month’s election hinged on Pancratz’s position on the bill and, by extension, the mine.
Musselshell County’s three commissioners, Mike Goffena, Mike Turley and Pancratz support keeping the mine open. But they also fear Musselshell County would need to raise taxes and cut services to balance its books if the Crow Revenue Act passes as written. After studying the county’s finances, Pancratz, who works as a risk analyst consultant, concluded that the county could lose as much as $11.6 million if the Crow Revenue Act passes and the price of coal is high. The commissioners have lobbied for changes to the bill that would guarantee the county some revenue from the land transfer.
Pancratz says he was just doing his job.
“As a risk manager, I have to develop a contingency plan for the possibility that the long-term stream of coal revenue could be disrupted or ended,” he said. “We needed to have a plan to effectively transition to other revenue sources. When I used the word transition, they took that as I was an environmentalist that was against coal.”
“Why anybody would have a problem with that is baffling to me. But that’s what happened.”
According to Pancratz, Signal Peak Energy branded the men as environmentalists who want to see the company shut down forever and this willful mischaracterization played a large role in his defeat.
“The picture they painted of me was totally false,” he said.
In a recording of a commissioner meeting posted to a local Facebook group by a Signal Peak Energy employee less than a month before the election, Pancratz, Goffena and Turley can be heard strategizing how to express their concerns about the Crow Revenue Act to Daines, whom they describe as unresponsive to their concerns.
Pancratz suggests asking for a $100 million endowment to transition from coal to “scare” Daines and Signal Peak Energy. Turley states that with funding at that level, they wouldn’t care if the mine was open or not.
“Exactly,” Pancratz responded.
Comments on the video show viewers expressing outrage that the commissioners would “play chicken” with the future of the mine, which provides hundreds of jobs in the surrounding area.
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Pancratz said the conversation was recorded without the commissioners’ knowledge. Montana is a two-party consent state, meaning all parties must be aware of and consent to a recording, but he allowed that it was possible one of the commissioners forgot to close a virtual public meeting after it concluded.
Pancratz said the conversation occurred when the commissioners found out there would be no money in the Crow Revenue Act for the county. The bill’s supporters, including Signal Peak Energy, had told them that the county would not lose any revenue under the bill, he said.
“We were upset because we felt we’d been lied to,” Pancratz said.
Signal Peak Energy did not respond to a written message and phone call seeking comment. For a time after Signal Peak took over the mine in the late 2000s, it was plagued by malfeasance, including embezzlement, a faked kidnapping and safety and environmental violations, according to reporting by The New York Times.
Olson said he entered the race due to a “lack of transparency” from the commissioners over how the county was spending its money.
But the mine played a role in his decision to run, too. As he was weighing his options, Olson said his cousin, Alan Olson, a former state legislator and former executive director of the Montana Petroleum Association, visited him and urged him to run to support the mine. After that conversation, he was convinced the mine’s survival depended on the Crow Revenue Act passing, and that trying to amend it would jeopardize the legislation.
“The more money we can get for the county, the better, but I don’t think it’s worth risking the mine closing,” Olson said. Losing federal revenue was better than losing all the jobs and the tax base if the mine closes, he concluded.
Olson added that Parker Phipps, Signal Peak Energy’s CEO, has briefed him on the mine’s fiscal relationship with Musselshell County.
Olson’s background in law enforcement could add a new perspective to the county commissioner meetings, given Goffena and Turley’s background in ranching, he said, but the minutiae of the county’s budget will be new to him.
“I am by no means an expert in any of this stuff,” he said.
Some worry that, with the mine facing a lawsuit, an unpredictable global coal market and the uncertain future of the Crow Revenue Act, the commissioners cannot afford to lose momentum in their efforts to attract new industries to the area.
Olson’s win in the primary will “set [economic diversification planning] back long term,” Nicole Borner, a former Musselshell County commissioner, who thinks Olson was hand-picked by the Signal Peak Energy to run and is not informed about what the job entails.
“We will always just have a few crumbs to duct tape a few issues,” she said. “We’ll never be able to fix the prior forty years of being in a coal bust and our infrastructure just literally falling apart.”
Olson will likely run unopposed in the general election.
In his remaining time in office, Pancratz said he will continue to push for economic diversification in Musselshell County. He holds no animosity towards Olson, who calls Pancratz “a wonderful guy.” Instead, he laments not addressing concerns over his position on the mine sooner in the campaign. But he believes Signal Peak Energy’s political and social influence—the company operates a charity in the region—is what swayed the election.
“You can’t say anything that even remotely implies that you’re trying to prepare the county for the possibility that coal revenue may not be steady or high … There’s this attitude that the county is in debt to that coal mine. And the message I tried to get out is, it’s more the reverse,” Pancratz said.
“I personally don’t believe the mine really cares about the county.”
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The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at June 19, 2026, results for each game:
Winning Mega Millions numbers from June 19 drawing
13-16-21-26-50, Mega Ball: 12
Check Mega Millions payouts and previous drawings here.
Winning Big Sky Bonus numbers from June 19 drawing
05-12-14-30, Bonus: 03
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Winning Millionaire for Life numbers from June 19 drawing
02-20-28-51-54, Bonus: 02
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
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