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Montana judge prepares to rule on wolf hunting lawsuit

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Montana judge prepares to rule on wolf hunting lawsuit


HELENA — On Monday, environmental teams and the state of Montana made their case in a authorized struggle over whether or not to permit new guidelines on wolf searching to maneuver ahead.

Earlier this month, District Court docket Choose Chris Abbott issued a short lived restraining order, suspending Montana’s laws that expanded wolf searching and trapping. In a listening to on the Lewis and Clark County Courthouse Monday, he heard testimony as he thought of whether or not to difficulty a preliminary injunction, after his order expires Tuesday afternoon.

The teams WildEarth Guardians and Mission Coyote sued Montana Fish, Wildlife and Parks and the state Fish and Wildlife Fee in October, claiming the state hadn’t carried out sufficient to justify growing wolf harvesting.

FWP estimates there are about 1,100 wolves dwelling in Montana. In 2021, the Montana Legislature handed and Gov. Greg Gianforte signed a sequence of payments directing modifications to wolf administration. One, Senate Invoice 314, established the Legislature’s intent to “cut back the wolf inhabitants on this state to a sustainable degree, however not lower than the variety of wolves essential to assist no less than 15 breeding pairs.” The brand new legal guidelines additionally allowed the usage of snares to catch wolves and gave the Fish and Wildlife Fee the facility to increase the wolf trapping season.

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The fee adopted laws final 12 months and this 12 months that carried out the modifications. Their guidelines for 2021 established quotas for wolf harvesting primarily based on broad areas of the state, permitting a complete of as much as 450 wolves to be taken.

FWP experiences a complete of 273 wolves had been killed by hunters and trappers throughout the 2021-22 season. 21 of these got here from two administration areas bordering the north fringe of Yellowstone Nationwide Park. This 12 months, after park leaders and wildlife advocates raised issues in regards to the variety of wolves killed from the park’s packs, the fee stored the regional quotas however established a quota of six wolves for the world bordering Yellowstone.

The plaintiffs requested Abbott to dam wolf harvesting altogether till the state reviewed its wolf administration plan. He declined to go that far, however did give the order to briefly return to the pre-2021 quotas round nationwide parks – permitting two wolves to be taken in an space bordering Glacier and one every within the two administration models bordering Yellowstone. As a result of one wolf was already taken in one of many Yellowstone models, that space is at the moment closed to wolf harvesting. Abbott’s order additionally blocked the usage of snares and restricted every particular person to taking 5 wolves per season.

Jonathon Ambarian

Plaintiffs’ lawyer Jessica Blome and Montana FWP chief authorized counsel Sarah Clerget deal with District Court docket Choose Chris Abbott at a listening to in Helena on whether or not to permit the state’s new wolf searching guidelines to maneuver ahead, Nov. 28, 2022.

Throughout Monday’s listening to, the plaintiffs argued the state’s determination to extend wolf quotas was primarily based on fashions which may be overestimating the variety of wolves in Montana. FWP is now utilizing what it calls an “built-in patch occupancy mannequin,” or IPOM, to estimate wolf populations. It bases inhabitants numbers on the entire quantity of territory wolves cowl within the state, divided by the common territory every wolf pack occupies, multiplied by the variety of wolves in a mean pack. The IPOM, which is an up to date model of an earlier mannequin referred to as POM, provides wolf inhabitants figures which might be sometimes larger by lots of.

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Plaintiffs stated elevated searching and trapping may have vital impacts on the sustainability of the wolf inhabitants, particularly round Yellowstone. They stated the state ought to replace its administration plan to allow them to account for the newest analysis in regards to the influence searching has on wolf populations.

“That course of would have held the state accountable to the broad public’s interpretation and evaluation of that knowledge, of these administration insurance policies, of that methodology,” stated Francisco Santiago-Ávila, Midwest science & conservation supervisor for Mission Coyote. “And likewise throughout that course of, the state would have wanted to straight reply to public inquiry on these issues and deal with public issues reminiscent of those that we’ve been bringing.”

Witnesses for the state defended the up to date mannequin. Justin Gude, FWP’s wildlife analysis & technical companies bureau chief, stated IPOM was merely an adjustment to POM, which had been used for years underneath the prevailing administration plan. He stated the brand new mannequin allowed for various pack territories and sizes in several elements of the state, to account for discipline researchers’ perception that POM had really been undercounting wolves.

“We had some years, particularly in Northwest Montana, the place the minimal counts – even if we had been now not even capable of sustain with the entire packs – the depend of the variety of packs was larger than the POM estimate of the variety of packs,” he stated. “So we needed to appropriate for that reality.”

Gude stated individually counting all wolves in Montana is now not lifelike due to the scale of the inhabitants, the big areas they cowl and the restricted availability of employees.

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Of their written arguments, the state’s attorneys additionally famous that the fee had restored a stricter quota round Yellowstone in comparison with final 12 months’s laws, which had not been challenged.

Abbott didn’t make any rapid determination after the all-day listening to, however he’s anticipated to difficulty a ruling Tuesday, forward of the momentary restraining order expiring.





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For NorthWestern Energy, trust is a one-way street • Daily Montanan

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For NorthWestern Energy, trust is a one-way street • Daily Montanan


Trust us, says the state’s largest public utility company, NorthWestern Energy, as it made a historic rate increase request two years ago, only to have another large rate request wallop its Montana customers this year.

Trust us, says the same company which can’t even tell the truth in a pleading to the Chief Justice of the United States Supreme Court when it says that a coal plant in southern Montana is the largest plant west of the Mississippi, even though it doesn’t appear to be in the top 3. And don’t even get me started on NorthWestern’s crocodile tears about having to update Colstrip when it has literally been planning to spool it down because of exorbitant pollution control costs, known decades ago.

Trust us, says NorthWestern as it rushes headlong into more fossil fuels, even while most other utilities invest in renewables, some building multi-million dollar projects in Montana to ship energy several states away.

So it’s probably not surprising that NorthWestern is asking to trust it again, as it wants to shut the public out of meetings where members of (*checks notes again) the public are supposed to help put together a plan for the utility company’s future in Montana.

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The public, as it turns out, is a burden and inconvenience, but not so much that the utility company can’t turn around and squeeze a healthy rate of return out of us.

In fact, the public is held in such little regard by NorthWestern Energy that they’ve told the Montana Public Service Commission it’s “essential” to keep the public out of its meetings where the future of Montana’s energy landscape is being discussed. In fact, officials with the utility hold the public in such contempt that they won’t even disclose the members of their company who serve on the Electrical Technical Advisory Committee, mandated by law to be, well, public.

The Montana Public Service Commission has shown a renewed sense of independence lately and has both demanded answers about this clandestine committee, as well as publicly rebuked NorthWestern for its shoddy rate case proposal — twice.

Like all publicly regulated utilities, NorthWestern is guaranteed a reasonable rate of return (read: profit margin) in exchange for having the public involved in its business. There are likely many businesses which would take that deal — a guarantee of financial success, for a bit of public scrutiny.

The trouble is two-fold: NorthWestern has been historically used to getting whatever it wants at the Public Service Commission, by bluster or legal threat. And, the company is recoiling at the indignity of having to answer why it would rather close out the public.

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But NorthWestern is learning the most basic rule of public participation. True, involving the public in commenting and participation guarantees a lengthier, messier process. It’s not as easy for companies or leaders to insist on their way. And, involving the public, even dissenting voices, means compromise, and sometimes consideration of inconvenient questions, like, for example, the role of burning fossil fuels in the sometimes catastrophic climate change taking place beneath the “Big Sky.”

I would suggest NorthWestern wants it both ways, though. It wants to dictate how and what it builds in the future, as well as demand the price it wants to extract from the captive customers who have no choice but to pony up. That, though, disregards the public part of public utilities, which is customers should have a say in what kind of power we want.

By intentionally not releasing information, even the basic kind which includes who sits on the committee and what are the topics discussed, NorthWestern creates its own public relations nightmare in which ratepayers, residents, and nosy columnists assume the worst because the utility company admits it’s purposefully hiding information that everyone else believes should be public.

It’s excellent that the groups which have brought this issue to the forefront continue to demand action. If we have to be held captive by a company whose future plans include taking us back to the days of coal, then transparency would be welcome. And, we’re encouraged that the Public Service Commission has embraced a more critical and even confrontational posture, literally putting the “public service” part back into the equation.

So when NorthWestern energy asks us to trust them, I’d suggest it’s time to turn the tables on them: When will it begin to start trusting the public?

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Montana FWP explains decision to euthanize black bear sow in Butte

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Montana FWP explains decision to euthanize black bear sow in Butte


Around 2:40 a.m. on Wednesday, officials with Montana Fish, Wildlife & Parks (FWP) shot and killed a female black bear that had been on the loose with her two cubs in Uptown Butte since early Tuesday morning.

MTN’s Chet Layman spoke with Morgan Jacobsen, information and education manager for Montana FWP Region 3, about the factors that led to putting down the food-conditioned bear and what’s next for her two cubs:

Montana FWP explains decision to euthanize black bear sow in Butte

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Managing noxious weeds in Montana

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Montana law states that “it is unlawful for any person to permit any noxious weed to propagate or go to seed on the person’s land.” It further states that “…any person who adheres to the noxious weed management program of the person’s weed management district or has entered into and is in compliance with a noxious weed management agreement” is considered to be in compliance. (Montana Code 7-22-2116 (2023)).

Legally, a noxious weed is any plant designated by a Federal, State or county government as injurious to public health, agriculture, recreation, wildlife or property. Montana Noxious Weed List includes 36 plant species ranging in priority from 1A and 1B to 2B, and five regulated plant species.

The first step in any well executed project is to identify the goals and create a plan that is both realistic and effective. Managing noxious weeds begins with plant species identification, includes taking an inventory of the level of infestation, and involves creating an action plan that is viable.

Invasive plants thrive on disturbed soil and seeds are distributed by many vectors including birds, wind, wildlife, livestock, humans and all sorts of vehicles. Some invasives also have aggressive root systems that spread long distances, often from a single plant. Noxious weeds and other non-native invasives left untreated become established, quickly reproduce and spread and cause harm to the environment as well as the economy. Invasive species compete directly with native and desirable species for moisture, sunlight, nutrients and space. Populations unchecked cause major change faster than native ecosystems can accommodate.

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The most effective approach to controlling noxious weeds is the implementation of integrated weed management (IWM), the integration of effective, dependable and workable weed management practices such as cultural (e.g. pulling weeds), mechanical (e.g. mowing), chemical and biological that can be used economically.

Powell County Weed District and Missoula County Department of Ecology and Extension work with land owners and managers to promote IWM practices including site visits and vegetation management plan development, loaner equipment programs, cost-share grants, revegetation tools, biological control with insects, organized weed pull events, outreach and education events and no-cost materials such as weed ID books. We offer plant identification and also provide contact information for licensed spray contractors and other resources that promote healthy land use practices.

I would encourage anyone seeking advice on noxious weed management to contact their local county weed board coordinator or Ag Extension Agent. County coordinators and Ag Extension agents are trained and licensed and provide the most accurate and up to date options and resources for managing noxious weeds.



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