On May 18th, 2023, the US Court of Appeals for the Ninth Circuit once again handed a victory to Mountain States Legal Foundation and our courageous clients in the fight for property rights!
The case of CBD v. Haaland centers around the Greater Yellowstone Ecosystem Area grizzly bear. Back in the early 1990s, the US Fish and Wildlife Service (FWS) developed a recovery plan for the bear, which had been placed on the endangered species list. A recovery plan is like a roadmap for how the FWS will engage in species recovery. They are not binding, and can be revised as necessary.
CBD’s ultimate goal was to gain the ability to ask for changes to the recovery plan and then sue when the changes weren’t made, forcing agencies like the FWS to waste taxpayers’ time and money re-defending every aspect of a recovery plan. The result, as MSLF General Counsel William Trachman said, could have been unending years of countless lawsuits, putting “the FWS to a choice: give in to the whims of environmental advocates, or litigate a thousand cases.” In January of 2023, the 9th Circuit ruled in favor of Mountain States by ruling that the issue was not even reviewable by the court, and thus prevented the CBD’s from imposing disaster on the West.
After that victory, the CBD petitioned the 9th Circuit to hear the case en banc. That is, instead of a typical three-judge panel, they wanted eleven judges to consider the case. Today, after weeks of back-and-forth briefs, the 9th Circuit confirmed a third win for Mountain States and our clients by refusing to hear the case again.
This isn’t just a win for the ranchers that we represent. Once more, fair-minded judges committed to the rule of law adhered to the requirements that they rule only on matters within their jurisdiction. In the ongoing battle to protect the best stewards of our lands, it is vital that the courts uphold the separation of powers and not give into the whims of ideological groups.
Trachman, who is lead counsel on the case, said, “Environmentalist groups have been trying to force the FWS to expand the grizzly bear’s territory at a time when grizzly attacks are actually on the rise. Thankfully, they lost. MSLF has fought these environmentalists at the trial court, at the 9th Circuit appellate court, and now once again in their effort to get the full 9th Circuit to hear the case. So far, we’re 3-0.
“If they seek another bite at the apple with the US Supreme Court, we stand ready to fight—and win—there too.”
