JUDICIAL DEVELOPMENTS

January 2012

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Ninth Circuit Finds Fish and Wildlife Service’s ESA Delisting of Yellowstone Grizzly Bear Population Was Not Lawfully Supported
Greater Yellowstone Coalition v. Servheen, ___F.3d___

The Ninth Circuit has partially affirmed a lower court ruling that found the U.S. Fish and Wildlife Service’s (FWS) delisting of the Yellowstone grizzly bear under the Endangered Species Act (ESA) was unlawful. The U.S. District Court held that the FWS acted improperly under two provisions of 16 USC § 1533.