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Montana’s Carbon County farmers sue for protection from fracking Updated for 2026

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Seven Montana landowners last week filed a legal challenge in state district court to the Carbon County Commission’s rejection of their petition for land use regulations to protect their private properties from the harmful effects of oil and gas drilling.

The landowners collectively seek to establish the ‘Silvertip Zoning District’ to cover nearly 3,000 acres of agricultural land north of Belfry, Montana.

Creation of the district is the first step to establish solid protections for land, air and water quality, giving landowners an essential voice in the development of oil and gas on their properties.

“State and federal laws don’t protect us from the worst impacts of oil and gas drilling”, said farmer Bonnie Martinell, one of the plaintiffs. “There are few requirements for protecting our water or how far drilling must be set back from residences. This means we have to take local action to protect our way of life and our livelihoods.”

‘A little bit of the Bakken’ comes to Yellowstone ecosystem

Although some oil and gas development has occurred in Carbon County for decades, the Silvertip landowners were pressed to take action in October 2013 after Energy Corporation of America’s (ECA) CEO John Mork announced plans to hydraulically fracture 50 wells along the Beartooth Front.

The area Carbon and Stillwater counties in Montana and forms the northeastern flank of the greater Yellowstone ecosystem. Mork boasted that ECA hoped to bring “a little bit of the Bakken“ to the Beartooths.

Montana law empowers landowners to initiate the development of zoning regulations for the protection of their land and community by petitioning their county commissioners to establish planning and zoning districts.

The Silvertip landowners have lobbied extensively before the Montana legislature and the state Board of Oil and Gas Conservation for protections from the adverse effects of inadequately regulated drilling. Those government bodies failed to take action.

In Montana, five bills were introduced during this state legislative session that would have enacted basic safeguards on oil and gas development, but all five were tabled in committee and are unlikely to receive a full vote in either house.

“We as landowners, ranchers and farmers have seen the destructive impacts of oil development in this area and we asked the County to let us safeguard our property and livelihoods by enacting these basic protections”, said Martinell.

“Citizen zoning is our only tool to protect our land and we are just trying to use that right given to us under state law.”

Farmers face toxic onslaught if fracking proceeds

Earthjustice, an environmental nonprofit law firm, is representing the Silvertip landowners in their appeal. Energy Corporation of America is named as a defendant in the lawsuit along with the Carbon County Commissioners.

“Across the country, individuals and local governments are responding to the lack of state and federal leadership on the impacts of oil and gas development by demanding local control”, said Earthjustice Attorney Jenny Harbine. “This lawsuit is about allowing the Silvertip landowners to protect their land and their livelihoods when no one else will.”

Oil and gas drilling in shale formations such as the formation underlying Silvertip area is commonly accomplished through hydraulic fracturing, or ‘fracking’, which involves pumping millions of gallons of chemical-laced water and sand into the ground to release trapped oil and gas.

After the well is fractured, substantial quantities of this contaminated water-which contains high concentrations of salt, drilling chemicals, heavy metals, and radioactive material-returns to the surface where it is frequently stored in open containment ponds that pose substantial risks of leaks or failure.

As much as one-third of the contaminated water from the fracturing can remain underground after drilling is completed, threatening pollution of soil and groundwater. Numerous chemicals used in fracking are linked to serious human health problems, including respiratory distress, rashes, convulsions, organ damage, and cancer.

However, federal and Montana law provide only limited restrictions on the use of these dangerous chemicals and do not require pre-drilling notification to adjacent landowners or the public or mandate surface and ground water testing to detect contamination.

Although interest in large-scale oil and gas development in Carbon County has waned as oil prices dropped in recent months, Martinell said the zoning designation remains necessary to protect landowners when oil and gas development picks up again.

“Through this process, we’ve learned that developing regulations takes time and protections cannot be put in place over night. If we’re going to get this right, now is the time to act.”

 

 

More information: Read the legal document.

Principal source: Earth Justice.

 




390506

Montana’s Carbon County farmers sue for protection from fracking Updated for 2026

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Seven Montana landowners last week filed a legal challenge in state district court to the Carbon County Commission’s rejection of their petition for land use regulations to protect their private properties from the harmful effects of oil and gas drilling.

The landowners collectively seek to establish the ‘Silvertip Zoning District’ to cover nearly 3,000 acres of agricultural land north of Belfry, Montana.

Creation of the district is the first step to establish solid protections for land, air and water quality, giving landowners an essential voice in the development of oil and gas on their properties.

“State and federal laws don’t protect us from the worst impacts of oil and gas drilling”, said farmer Bonnie Martinell, one of the plaintiffs. “There are few requirements for protecting our water or how far drilling must be set back from residences. This means we have to take local action to protect our way of life and our livelihoods.”

‘A little bit of the Bakken’ comes to Yellowstone ecosystem

Although some oil and gas development has occurred in Carbon County for decades, the Silvertip landowners were pressed to take action in October 2013 after Energy Corporation of America’s (ECA) CEO John Mork announced plans to hydraulically fracture 50 wells along the Beartooth Front.

The area Carbon and Stillwater counties in Montana and forms the northeastern flank of the greater Yellowstone ecosystem. Mork boasted that ECA hoped to bring “a little bit of the Bakken“ to the Beartooths.

Montana law empowers landowners to initiate the development of zoning regulations for the protection of their land and community by petitioning their county commissioners to establish planning and zoning districts.

The Silvertip landowners have lobbied extensively before the Montana legislature and the state Board of Oil and Gas Conservation for protections from the adverse effects of inadequately regulated drilling. Those government bodies failed to take action.

In Montana, five bills were introduced during this state legislative session that would have enacted basic safeguards on oil and gas development, but all five were tabled in committee and are unlikely to receive a full vote in either house.

“We as landowners, ranchers and farmers have seen the destructive impacts of oil development in this area and we asked the County to let us safeguard our property and livelihoods by enacting these basic protections”, said Martinell.

“Citizen zoning is our only tool to protect our land and we are just trying to use that right given to us under state law.”

Farmers face toxic onslaught if fracking proceeds

Earthjustice, an environmental nonprofit law firm, is representing the Silvertip landowners in their appeal. Energy Corporation of America is named as a defendant in the lawsuit along with the Carbon County Commissioners.

“Across the country, individuals and local governments are responding to the lack of state and federal leadership on the impacts of oil and gas development by demanding local control”, said Earthjustice Attorney Jenny Harbine. “This lawsuit is about allowing the Silvertip landowners to protect their land and their livelihoods when no one else will.”

Oil and gas drilling in shale formations such as the formation underlying Silvertip area is commonly accomplished through hydraulic fracturing, or ‘fracking’, which involves pumping millions of gallons of chemical-laced water and sand into the ground to release trapped oil and gas.

After the well is fractured, substantial quantities of this contaminated water-which contains high concentrations of salt, drilling chemicals, heavy metals, and radioactive material-returns to the surface where it is frequently stored in open containment ponds that pose substantial risks of leaks or failure.

As much as one-third of the contaminated water from the fracturing can remain underground after drilling is completed, threatening pollution of soil and groundwater. Numerous chemicals used in fracking are linked to serious human health problems, including respiratory distress, rashes, convulsions, organ damage, and cancer.

However, federal and Montana law provide only limited restrictions on the use of these dangerous chemicals and do not require pre-drilling notification to adjacent landowners or the public or mandate surface and ground water testing to detect contamination.

Although interest in large-scale oil and gas development in Carbon County has waned as oil prices dropped in recent months, Martinell said the zoning designation remains necessary to protect landowners when oil and gas development picks up again.

“Through this process, we’ve learned that developing regulations takes time and protections cannot be put in place over night. If we’re going to get this right, now is the time to act.”

 

 

More information: Read the legal document.

Principal source: Earth Justice.

 




390506

Montana’s Carbon County farmers sue for protection from fracking Updated for 2026

Leave a reply




Seven Montana landowners last week filed a legal challenge in state district court to the Carbon County Commission’s rejection of their petition for land use regulations to protect their private properties from the harmful effects of oil and gas drilling.

The landowners collectively seek to establish the ‘Silvertip Zoning District’ to cover nearly 3,000 acres of agricultural land north of Belfry, Montana.

Creation of the district is the first step to establish solid protections for land, air and water quality, giving landowners an essential voice in the development of oil and gas on their properties.

“State and federal laws don’t protect us from the worst impacts of oil and gas drilling”, said farmer Bonnie Martinell, one of the plaintiffs. “There are few requirements for protecting our water or how far drilling must be set back from residences. This means we have to take local action to protect our way of life and our livelihoods.”

‘A little bit of the Bakken’ comes to Yellowstone ecosystem

Although some oil and gas development has occurred in Carbon County for decades, the Silvertip landowners were pressed to take action in October 2013 after Energy Corporation of America’s (ECA) CEO John Mork announced plans to hydraulically fracture 50 wells along the Beartooth Front.

The area Carbon and Stillwater counties in Montana and forms the northeastern flank of the greater Yellowstone ecosystem. Mork boasted that ECA hoped to bring “a little bit of the Bakken“ to the Beartooths.

Montana law empowers landowners to initiate the development of zoning regulations for the protection of their land and community by petitioning their county commissioners to establish planning and zoning districts.

The Silvertip landowners have lobbied extensively before the Montana legislature and the state Board of Oil and Gas Conservation for protections from the adverse effects of inadequately regulated drilling. Those government bodies failed to take action.

In Montana, five bills were introduced during this state legislative session that would have enacted basic safeguards on oil and gas development, but all five were tabled in committee and are unlikely to receive a full vote in either house.

“We as landowners, ranchers and farmers have seen the destructive impacts of oil development in this area and we asked the County to let us safeguard our property and livelihoods by enacting these basic protections”, said Martinell.

“Citizen zoning is our only tool to protect our land and we are just trying to use that right given to us under state law.”

Farmers face toxic onslaught if fracking proceeds

Earthjustice, an environmental nonprofit law firm, is representing the Silvertip landowners in their appeal. Energy Corporation of America is named as a defendant in the lawsuit along with the Carbon County Commissioners.

“Across the country, individuals and local governments are responding to the lack of state and federal leadership on the impacts of oil and gas development by demanding local control”, said Earthjustice Attorney Jenny Harbine. “This lawsuit is about allowing the Silvertip landowners to protect their land and their livelihoods when no one else will.”

Oil and gas drilling in shale formations such as the formation underlying Silvertip area is commonly accomplished through hydraulic fracturing, or ‘fracking’, which involves pumping millions of gallons of chemical-laced water and sand into the ground to release trapped oil and gas.

After the well is fractured, substantial quantities of this contaminated water-which contains high concentrations of salt, drilling chemicals, heavy metals, and radioactive material-returns to the surface where it is frequently stored in open containment ponds that pose substantial risks of leaks or failure.

As much as one-third of the contaminated water from the fracturing can remain underground after drilling is completed, threatening pollution of soil and groundwater. Numerous chemicals used in fracking are linked to serious human health problems, including respiratory distress, rashes, convulsions, organ damage, and cancer.

However, federal and Montana law provide only limited restrictions on the use of these dangerous chemicals and do not require pre-drilling notification to adjacent landowners or the public or mandate surface and ground water testing to detect contamination.

Although interest in large-scale oil and gas development in Carbon County has waned as oil prices dropped in recent months, Martinell said the zoning designation remains necessary to protect landowners when oil and gas development picks up again.

“Through this process, we’ve learned that developing regulations takes time and protections cannot be put in place over night. If we’re going to get this right, now is the time to act.”

 

 

More information: Read the legal document.

Principal source: Earth Justice.

 




390506

Montana’s Carbon County farmers sue for protection from fracking Updated for 2026

Leave a reply




Seven Montana landowners last week filed a legal challenge in state district court to the Carbon County Commission’s rejection of their petition for land use regulations to protect their private properties from the harmful effects of oil and gas drilling.

The landowners collectively seek to establish the ‘Silvertip Zoning District’ to cover nearly 3,000 acres of agricultural land north of Belfry, Montana.

Creation of the district is the first step to establish solid protections for land, air and water quality, giving landowners an essential voice in the development of oil and gas on their properties.

“State and federal laws don’t protect us from the worst impacts of oil and gas drilling”, said farmer Bonnie Martinell, one of the plaintiffs. “There are few requirements for protecting our water or how far drilling must be set back from residences. This means we have to take local action to protect our way of life and our livelihoods.”

‘A little bit of the Bakken’ comes to Yellowstone ecosystem

Although some oil and gas development has occurred in Carbon County for decades, the Silvertip landowners were pressed to take action in October 2013 after Energy Corporation of America’s (ECA) CEO John Mork announced plans to hydraulically fracture 50 wells along the Beartooth Front.

The area Carbon and Stillwater counties in Montana and forms the northeastern flank of the greater Yellowstone ecosystem. Mork boasted that ECA hoped to bring “a little bit of the Bakken“ to the Beartooths.

Montana law empowers landowners to initiate the development of zoning regulations for the protection of their land and community by petitioning their county commissioners to establish planning and zoning districts.

The Silvertip landowners have lobbied extensively before the Montana legislature and the state Board of Oil and Gas Conservation for protections from the adverse effects of inadequately regulated drilling. Those government bodies failed to take action.

In Montana, five bills were introduced during this state legislative session that would have enacted basic safeguards on oil and gas development, but all five were tabled in committee and are unlikely to receive a full vote in either house.

“We as landowners, ranchers and farmers have seen the destructive impacts of oil development in this area and we asked the County to let us safeguard our property and livelihoods by enacting these basic protections”, said Martinell.

“Citizen zoning is our only tool to protect our land and we are just trying to use that right given to us under state law.”

Farmers face toxic onslaught if fracking proceeds

Earthjustice, an environmental nonprofit law firm, is representing the Silvertip landowners in their appeal. Energy Corporation of America is named as a defendant in the lawsuit along with the Carbon County Commissioners.

“Across the country, individuals and local governments are responding to the lack of state and federal leadership on the impacts of oil and gas development by demanding local control”, said Earthjustice Attorney Jenny Harbine. “This lawsuit is about allowing the Silvertip landowners to protect their land and their livelihoods when no one else will.”

Oil and gas drilling in shale formations such as the formation underlying Silvertip area is commonly accomplished through hydraulic fracturing, or ‘fracking’, which involves pumping millions of gallons of chemical-laced water and sand into the ground to release trapped oil and gas.

After the well is fractured, substantial quantities of this contaminated water-which contains high concentrations of salt, drilling chemicals, heavy metals, and radioactive material-returns to the surface where it is frequently stored in open containment ponds that pose substantial risks of leaks or failure.

As much as one-third of the contaminated water from the fracturing can remain underground after drilling is completed, threatening pollution of soil and groundwater. Numerous chemicals used in fracking are linked to serious human health problems, including respiratory distress, rashes, convulsions, organ damage, and cancer.

However, federal and Montana law provide only limited restrictions on the use of these dangerous chemicals and do not require pre-drilling notification to adjacent landowners or the public or mandate surface and ground water testing to detect contamination.

Although interest in large-scale oil and gas development in Carbon County has waned as oil prices dropped in recent months, Martinell said the zoning designation remains necessary to protect landowners when oil and gas development picks up again.

“Through this process, we’ve learned that developing regulations takes time and protections cannot be put in place over night. If we’re going to get this right, now is the time to act.”

 

 

More information: Read the legal document.

Principal source: Earth Justice.

 




390506

Montana’s Carbon County farmers sue for protection from fracking Updated for 2026

Leave a reply




Seven Montana landowners last week filed a legal challenge in state district court to the Carbon County Commission’s rejection of their petition for land use regulations to protect their private properties from the harmful effects of oil and gas drilling.

The landowners collectively seek to establish the ‘Silvertip Zoning District’ to cover nearly 3,000 acres of agricultural land north of Belfry, Montana.

Creation of the district is the first step to establish solid protections for land, air and water quality, giving landowners an essential voice in the development of oil and gas on their properties.

“State and federal laws don’t protect us from the worst impacts of oil and gas drilling”, said farmer Bonnie Martinell, one of the plaintiffs. “There are few requirements for protecting our water or how far drilling must be set back from residences. This means we have to take local action to protect our way of life and our livelihoods.”

‘A little bit of the Bakken’ comes to Yellowstone ecosystem

Although some oil and gas development has occurred in Carbon County for decades, the Silvertip landowners were pressed to take action in October 2013 after Energy Corporation of America’s (ECA) CEO John Mork announced plans to hydraulically fracture 50 wells along the Beartooth Front.

The area Carbon and Stillwater counties in Montana and forms the northeastern flank of the greater Yellowstone ecosystem. Mork boasted that ECA hoped to bring “a little bit of the Bakken“ to the Beartooths.

Montana law empowers landowners to initiate the development of zoning regulations for the protection of their land and community by petitioning their county commissioners to establish planning and zoning districts.

The Silvertip landowners have lobbied extensively before the Montana legislature and the state Board of Oil and Gas Conservation for protections from the adverse effects of inadequately regulated drilling. Those government bodies failed to take action.

In Montana, five bills were introduced during this state legislative session that would have enacted basic safeguards on oil and gas development, but all five were tabled in committee and are unlikely to receive a full vote in either house.

“We as landowners, ranchers and farmers have seen the destructive impacts of oil development in this area and we asked the County to let us safeguard our property and livelihoods by enacting these basic protections”, said Martinell.

“Citizen zoning is our only tool to protect our land and we are just trying to use that right given to us under state law.”

Farmers face toxic onslaught if fracking proceeds

Earthjustice, an environmental nonprofit law firm, is representing the Silvertip landowners in their appeal. Energy Corporation of America is named as a defendant in the lawsuit along with the Carbon County Commissioners.

“Across the country, individuals and local governments are responding to the lack of state and federal leadership on the impacts of oil and gas development by demanding local control”, said Earthjustice Attorney Jenny Harbine. “This lawsuit is about allowing the Silvertip landowners to protect their land and their livelihoods when no one else will.”

Oil and gas drilling in shale formations such as the formation underlying Silvertip area is commonly accomplished through hydraulic fracturing, or ‘fracking’, which involves pumping millions of gallons of chemical-laced water and sand into the ground to release trapped oil and gas.

After the well is fractured, substantial quantities of this contaminated water-which contains high concentrations of salt, drilling chemicals, heavy metals, and radioactive material-returns to the surface where it is frequently stored in open containment ponds that pose substantial risks of leaks or failure.

As much as one-third of the contaminated water from the fracturing can remain underground after drilling is completed, threatening pollution of soil and groundwater. Numerous chemicals used in fracking are linked to serious human health problems, including respiratory distress, rashes, convulsions, organ damage, and cancer.

However, federal and Montana law provide only limited restrictions on the use of these dangerous chemicals and do not require pre-drilling notification to adjacent landowners or the public or mandate surface and ground water testing to detect contamination.

Although interest in large-scale oil and gas development in Carbon County has waned as oil prices dropped in recent months, Martinell said the zoning designation remains necessary to protect landowners when oil and gas development picks up again.

“Through this process, we’ve learned that developing regulations takes time and protections cannot be put in place over night. If we’re going to get this right, now is the time to act.”

 

 

More information: Read the legal document.

Principal source: Earth Justice.

 




390506

Rallying for wildlife – we need a Nature and Wellbeing Act Updated for 2026

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400 people who love and care about wildlife are (with a squirrel called Bob) taking part in a rally in London today.

They will come from all parts of England and will visit the House of Commons to urge their MP to include strong commitments to nature in their 2015 election manifestos.

The event is being organised by the RSPB, The Wildlife Trusts, the League Against Cruel Sports (90 years old this year – happy birthday!), and my predecessor, Dr Mark Avery. It is also supported by Butterfly Conservation, the Mammal Society and the Ramblers.

I’m looking forward to it. I expect it’s going to be cold, but I am sure that won’t stop folk using their voice for nature. The call for action is compelling …

The declining state of Britain’s nature

Last week’s Defra biodiversity indicators report showed that nearly two-thirds of England’s finest wildlife sites are not in favourable condition. There has been a decline in the area of these sites in favourable condition from 44% in 2003 to 37.5% in April 2014.

The trend since 2010 does not look too rosy and the Government’s target of reaching 50% in favourable condition by 2020 looks a long way off.

The State of Nature report, published in 2013, showed that 60% of species (for which we have trend data) have declined in my lifetime and one in ten UK species is at risk of extinction. And if the dramatic cuts in public spending heralded by the Chancellor’s announcements last week fall in the wrong place it could be at the cost of nature. 

Unless the value of nature is fully accounted in decision-making, we fear the situation will become even worse. The prominence of housing and infrastructure development in the Chancellor’s autumn statement risks casting a long shadow over the future of many of our finest wildlife sites.

These include Lodge Hill (here) in Kent, where housing threatens to destroy the only protected site for nightingales in the UK.

Politicians must take our ecological deficit seriously

The threats are real and challenging: habitat destruction, over-exploitation, pollution (especially climate change) and the invasive non-native species. These are being driven by a growing population, consuming more and a failure of the economic system to capture the value of nature in decision-making.

Despite the growing evidence of the link between a healthy environment and our own prosperity, politicians seem increasingly preoccupied by other factors that might affect our economy.

I do not see the same energy being invested in tackling the ecological deficit as is the case with the economic deficit. We are in danger of passing on our natural environment to our children in a depleted state. This needs to change which is why people have taken to the streets outside Westminster.

We have made it simple for our politicians and have come up with three priorities. We want action to protect and restore wildlife – and here’s how.

1. Celebrate and defend the wildlife laws we have

We must fight any weakening or dilution of the laws we have, such as the EU Birds and Habitats Directives which provide the foundation for nature conservation in this country.

In September 2014, European Commission President Jean-Claude Juncker asked new Environment Commissioner Karmenu Vella to consider merging the two directives into a modern piece of legislation.

The context of this announcement was an aggressively deregulatory and pro-growth agenda and therefore it is clear that ‘merge’ is code for ‘weaken’. This would be a disaster for nature conservation ambitions in this country and across Europe.

The Directives were established on the principle that no Member State should gain competitive advantage by trashing their environment. And this principle is respected by many businesses today. For example, Cemex, a global cement company recently said in defence of the directive

“These create a level playing field, and give our stakeholders confidence that we are operating to high standards.”

Despite what some may think, they do not act as a block to development. The 2012 Defra review of the Habitat Regulations designed to implement the directives in England showed that the main problems facing developers was a failure of implementation.

And, most importantly for any politician that wants to help nature, they work: research conducted by RSPB scientist showed that the Birds Directive has successfully protected those species considered to be at most risk and in need of most urgent protection across the EU – and has made a significant difference in protecting many of Europe’s birds from further decline.

2. Fully implement the laws – and clamp down on wildlife crime!

We must demand that the law as it is is fully implemented, ending wildlife crime so that threatened species like the hen harrier are able to fly free from harm.

This year’s Birdcrime report documented 164 incidents of shooting and destruction of birds of prey. We believe that these published figures represent only a fraction of the total number of incidents, as many crimes remain undetected and unreported, particularly those that occur in remote areas.

The hen harrier population, in particular, continues to reflect this persecution. In 2013, there were no successful breeding pairs left in England despite there being enough habitat to support over 300 breeding pairs.

We need politicians to wake up to the fact that without action, this bird could be lost from the English countryside. And action must start with cracking down on illegal killing.

3. A Nature & Wellbeing Act

We need a secure legal underpinning nature’s recovery by establishing a Nature and Wellbeing Act to mainstream nature in decision making, to establish long-term targets and powers to help meet them.

Defra’s biodiversity indicators are a timely reminder that we cannot rely on good will and an ever-dwindling pot of money to restore nature. We hope our proposed legislation will drive nature’s recovery in the same way that the Climate Change Act (2008) has begun to systematically reduce greenhouse gas emissions in the UK.

We know that action cannot be achieved by governments alone. Real change will also come from changes from other parts of society especially from developers, farmers, the grouse shooting community and other land managers.

But despite the state of the nation’s finances, government can still and must play its part. And that’s why people are coming to London to see their elected representatives. Thousands of people that are unable to attend have already written to their MP to urge them to take action for wildlife.

Civil society is united in its desire for a more positive relationship between people and wildlife.

We want 2015 to be the year that we take nature seriously and we expect politicians to recognise that in their election manifestos.

 

 

Support our Act for Nature campaign, asking your MP to back the Nature & Wellbeing Act.

Martin Harper is Conservation Director of RSPB. He blogs on the RSPB website, where this article was first published.

 




387901

Wyoming’s Gray Wolves win back federal protection – for now Updated for 2026

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Federal protections for gray wolves in Wyoming have been reinstated after a judge invalidated the US Fish and Wildlife Service’s 2012 statewide Endangered Species Act delisting of the species.

The ruling from the US District Court halts the management of wolves by Wyoming, a state with a long history of extreme anti-wolf policies.

In an unusual ‘summary judgment’ the Court concluded that it was “arbitrary and capricious for the Service to rely on the state’s nonbinding promises to maintain a particular number of wolves when the availability of that specific numerical buffer was such a critical aspect of the delisting decision.”

The September 2012 federal delisting of wolves in Wyoming turned wolf management over to the state – which opened up over 80% of its land to unlimited wolf killing and provided weak protections for wolves in the remainder. Since the delisting, 219 wolves have been killed under Wyoming’s management.

Prior to the 2012 reversal of its position, the Fish and Wildlife Service denied Wyoming the authority to manage wolves in the state due to its anti-wolf laws and policies.

A victory for the wolves, at last!

“The court has ruled and Wyoming’s kill-on-sight approach to wolf management throughout much of the state must stop”, said Earthjustice attorney Tim Preso, who represented Defenders of Wildlife, Natural Resources Defense Council, the Sierra Club and the Center for Biological Diversity.

The ruling, he added “restores much-needed federal protection to wolves throughout Wyoming, which allowed killing along the borders of Yellowstone National Park and throughout national forest lands south of Jackson Hole where wolves were treated as vermin under state management.

“If Wyoming wants to resume management of wolves, it must develop a legitimate conservation plan that ensures a vibrant wolf population in the Northern Rockies.”

The conservation groups joined to challenge the 2012 decision on grounds that Wyoming law authorized unlimited wolf killing in a ‘predator zone’ that extended throughout most of the state, and provided inadequate protection for wolves even where killing was regulated.

Now, an even bigger battle ahead

An even bigger battle is now looming, as the Fish and Wildlife Service is currently proposing to remove Endangered Species Act protection for most gray wolves across the United States. A final decision could be made later this year.

However the judgement on Wyoming’s wolves may force the Fish and Wildlife Service into a rethink as it ponders its implications. In particular, any reliance on non-binding assurances by states on matters of importance in wolf management would likely be subject to sucessful challenge.

“Delisting gray wolves in Wyoming by the Obama administration was premature and a violation of federal law”, observed Defenders of Wildlife President and CEO Jamie Rappaport Clark.

Bonnie Rice of the Sierra Club’s Greater Yellowstone Our Wild America Campaign commented: “The court has rightly recognized the deep flaws in Wyoming’s wolf management plan. Wolves in Wyoming must have federal protection until the state gets it right.

“That means developing a science-based management plan that recognizes the many benefits wolves bring to the region instead of vermin that can be shot on sight in the majority of the state.”

The Court did not support other elements of the plaintiff’s case in its summary judgment. For example, it did “not find the Service’s conclusion that the predator zone is not a significant portion of the wolves’ range to be arbitrary, capricious, or not in accordance with the law.”

However it is highly probable that this and other questions will be subject to future legal challenge if Fish & Wildlife persists with its devolution policy.

From 2 million gray wolves, to 5,500

There were once up to 2 million gray wolves living in North America, but the animals were driven to near-extinction in the lower 48 states by the early 1900s.

After passage of the federal Endangered Species Act in 1973 and protection of the wolf as endangered, federal recovery programs resulted in the rebound of wolf populations in limited parts of the country.

Roughly 5,500 wolves currently live in the continental United States – a fraction of the species’ historic numbers.

 

 




384696

Wyoming’s Gray Wolves win back federal protection – for now Updated for 2026

Leave a reply




Federal protections for gray wolves in Wyoming have been reinstated after a judge invalidated the US Fish and Wildlife Service’s 2012 statewide Endangered Species Act delisting of the species.

The ruling from the US District Court halts the management of wolves by Wyoming, a state with a long history of extreme anti-wolf policies.

In an unusual ‘summary judgment’ the Court concluded that it was “arbitrary and capricious for the Service to rely on the state’s nonbinding promises to maintain a particular number of wolves when the availability of that specific numerical buffer was such a critical aspect of the delisting decision.”

The September 2012 federal delisting of wolves in Wyoming turned wolf management over to the state – which opened up over 80% of its land to unlimited wolf killing and provided weak protections for wolves in the remainder. Since the delisting, 219 wolves have been killed under Wyoming’s management.

Prior to the 2012 reversal of its position, the Fish and Wildlife Service denied Wyoming the authority to manage wolves in the state due to its anti-wolf laws and policies.

A victory for the wolves, at last!

“The court has ruled and Wyoming’s kill-on-sight approach to wolf management throughout much of the state must stop”, said Earthjustice attorney Tim Preso, who represented Defenders of Wildlife, Natural Resources Defense Council, the Sierra Club and the Center for Biological Diversity.

The ruling, he added “restores much-needed federal protection to wolves throughout Wyoming, which allowed killing along the borders of Yellowstone National Park and throughout national forest lands south of Jackson Hole where wolves were treated as vermin under state management.

“If Wyoming wants to resume management of wolves, it must develop a legitimate conservation plan that ensures a vibrant wolf population in the Northern Rockies.”

The conservation groups joined to challenge the 2012 decision on grounds that Wyoming law authorized unlimited wolf killing in a ‘predator zone’ that extended throughout most of the state, and provided inadequate protection for wolves even where killing was regulated.

Now, an even bigger battle ahead

An even bigger battle is now looming, as the Fish and Wildlife Service is currently proposing to remove Endangered Species Act protection for most gray wolves across the United States. A final decision could be made later this year.

However the judgement on Wyoming’s wolves may force the Fish and Wildlife Service into a rethink as it ponders its implications. In particular, any reliance on non-binding assurances by states on matters of importance in wolf management would likely be subject to sucessful challenge.

“Delisting gray wolves in Wyoming by the Obama administration was premature and a violation of federal law”, observed Defenders of Wildlife President and CEO Jamie Rappaport Clark.

Bonnie Rice of the Sierra Club’s Greater Yellowstone Our Wild America Campaign commented: “The court has rightly recognized the deep flaws in Wyoming’s wolf management plan. Wolves in Wyoming must have federal protection until the state gets it right.

“That means developing a science-based management plan that recognizes the many benefits wolves bring to the region instead of vermin that can be shot on sight in the majority of the state.”

The Court did not support other elements of the plaintiff’s case in its summary judgment. For example, it did “not find the Service’s conclusion that the predator zone is not a significant portion of the wolves’ range to be arbitrary, capricious, or not in accordance with the law.”

However it is highly probable that this and other questions will be subject to future legal challenge if Fish & Wildlife persists with its devolution policy.

From 2 million gray wolves, to 5,500

There were once up to 2 million gray wolves living in North America, but the animals were driven to near-extinction in the lower 48 states by the early 1900s.

After passage of the federal Endangered Species Act in 1973 and protection of the wolf as endangered, federal recovery programs resulted in the rebound of wolf populations in limited parts of the country.

Roughly 5,500 wolves currently live in the continental United States – a fraction of the species’ historic numbers.

 

 




384696

Wyoming’s Gray Wolves win back federal protection – for now Updated for 2026

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Federal protections for gray wolves in Wyoming have been reinstated after a judge invalidated the US Fish and Wildlife Service’s 2012 statewide Endangered Species Act delisting of the species.

The ruling from the US District Court halts the management of wolves by Wyoming, a state with a long history of extreme anti-wolf policies.

In an unusual ‘summary judgment’ the Court concluded that it was “arbitrary and capricious for the Service to rely on the state’s nonbinding promises to maintain a particular number of wolves when the availability of that specific numerical buffer was such a critical aspect of the delisting decision.”

The September 2012 federal delisting of wolves in Wyoming turned wolf management over to the state – which opened up over 80% of its land to unlimited wolf killing and provided weak protections for wolves in the remainder. Since the delisting, 219 wolves have been killed under Wyoming’s management.

Prior to the 2012 reversal of its position, the Fish and Wildlife Service denied Wyoming the authority to manage wolves in the state due to its anti-wolf laws and policies.

A victory for the wolves, at last!

“The court has ruled and Wyoming’s kill-on-sight approach to wolf management throughout much of the state must stop”, said Earthjustice attorney Tim Preso, who represented Defenders of Wildlife, Natural Resources Defense Council, the Sierra Club and the Center for Biological Diversity.

The ruling, he added “restores much-needed federal protection to wolves throughout Wyoming, which allowed killing along the borders of Yellowstone National Park and throughout national forest lands south of Jackson Hole where wolves were treated as vermin under state management.

“If Wyoming wants to resume management of wolves, it must develop a legitimate conservation plan that ensures a vibrant wolf population in the Northern Rockies.”

The conservation groups joined to challenge the 2012 decision on grounds that Wyoming law authorized unlimited wolf killing in a ‘predator zone’ that extended throughout most of the state, and provided inadequate protection for wolves even where killing was regulated.

Now, an even bigger battle ahead

An even bigger battle is now looming, as the Fish and Wildlife Service is currently proposing to remove Endangered Species Act protection for most gray wolves across the United States. A final decision could be made later this year.

However the judgement on Wyoming’s wolves may force the Fish and Wildlife Service into a rethink as it ponders its implications. In particular, any reliance on non-binding assurances by states on matters of importance in wolf management would likely be subject to sucessful challenge.

“Delisting gray wolves in Wyoming by the Obama administration was premature and a violation of federal law”, observed Defenders of Wildlife President and CEO Jamie Rappaport Clark.

Bonnie Rice of the Sierra Club’s Greater Yellowstone Our Wild America Campaign commented: “The court has rightly recognized the deep flaws in Wyoming’s wolf management plan. Wolves in Wyoming must have federal protection until the state gets it right.

“That means developing a science-based management plan that recognizes the many benefits wolves bring to the region instead of vermin that can be shot on sight in the majority of the state.”

The Court did not support other elements of the plaintiff’s case in its summary judgment. For example, it did “not find the Service’s conclusion that the predator zone is not a significant portion of the wolves’ range to be arbitrary, capricious, or not in accordance with the law.”

However it is highly probable that this and other questions will be subject to future legal challenge if Fish & Wildlife persists with its devolution policy.

From 2 million gray wolves, to 5,500

There were once up to 2 million gray wolves living in North America, but the animals were driven to near-extinction in the lower 48 states by the early 1900s.

After passage of the federal Endangered Species Act in 1973 and protection of the wolf as endangered, federal recovery programs resulted in the rebound of wolf populations in limited parts of the country.

Roughly 5,500 wolves currently live in the continental United States – a fraction of the species’ historic numbers.

 

 




384696

Wyoming’s Gray Wolves win back federal protection – for now Updated for 2026

Leave a reply




Federal protections for gray wolves in Wyoming have been reinstated after a judge invalidated the US Fish and Wildlife Service’s 2012 statewide Endangered Species Act delisting of the species.

The ruling from the US District Court halts the management of wolves by Wyoming, a state with a long history of extreme anti-wolf policies.

In an unusual ‘summary judgment’ the Court concluded that it was “arbitrary and capricious for the Service to rely on the state’s nonbinding promises to maintain a particular number of wolves when the availability of that specific numerical buffer was such a critical aspect of the delisting decision.”

The September 2012 federal delisting of wolves in Wyoming turned wolf management over to the state – which opened up over 80% of its land to unlimited wolf killing and provided weak protections for wolves in the remainder. Since the delisting, 219 wolves have been killed under Wyoming’s management.

Prior to the 2012 reversal of its position, the Fish and Wildlife Service denied Wyoming the authority to manage wolves in the state due to its anti-wolf laws and policies.

A victory for the wolves, at last!

“The court has ruled and Wyoming’s kill-on-sight approach to wolf management throughout much of the state must stop”, said Earthjustice attorney Tim Preso, who represented Defenders of Wildlife, Natural Resources Defense Council, the Sierra Club and the Center for Biological Diversity.

The ruling, he added “restores much-needed federal protection to wolves throughout Wyoming, which allowed killing along the borders of Yellowstone National Park and throughout national forest lands south of Jackson Hole where wolves were treated as vermin under state management.

“If Wyoming wants to resume management of wolves, it must develop a legitimate conservation plan that ensures a vibrant wolf population in the Northern Rockies.”

The conservation groups joined to challenge the 2012 decision on grounds that Wyoming law authorized unlimited wolf killing in a ‘predator zone’ that extended throughout most of the state, and provided inadequate protection for wolves even where killing was regulated.

Now, an even bigger battle ahead

An even bigger battle is now looming, as the Fish and Wildlife Service is currently proposing to remove Endangered Species Act protection for most gray wolves across the United States. A final decision could be made later this year.

However the judgement on Wyoming’s wolves may force the Fish and Wildlife Service into a rethink as it ponders its implications. In particular, any reliance on non-binding assurances by states on matters of importance in wolf management would likely be subject to sucessful challenge.

“Delisting gray wolves in Wyoming by the Obama administration was premature and a violation of federal law”, observed Defenders of Wildlife President and CEO Jamie Rappaport Clark.

Bonnie Rice of the Sierra Club’s Greater Yellowstone Our Wild America Campaign commented: “The court has rightly recognized the deep flaws in Wyoming’s wolf management plan. Wolves in Wyoming must have federal protection until the state gets it right.

“That means developing a science-based management plan that recognizes the many benefits wolves bring to the region instead of vermin that can be shot on sight in the majority of the state.”

The Court did not support other elements of the plaintiff’s case in its summary judgment. For example, it did “not find the Service’s conclusion that the predator zone is not a significant portion of the wolves’ range to be arbitrary, capricious, or not in accordance with the law.”

However it is highly probable that this and other questions will be subject to future legal challenge if Fish & Wildlife persists with its devolution policy.

From 2 million gray wolves, to 5,500

There were once up to 2 million gray wolves living in North America, but the animals were driven to near-extinction in the lower 48 states by the early 1900s.

After passage of the federal Endangered Species Act in 1973 and protection of the wolf as endangered, federal recovery programs resulted in the rebound of wolf populations in limited parts of the country.

Roughly 5,500 wolves currently live in the continental United States – a fraction of the species’ historic numbers.

 

 




384696