The State of Wyoming – on behalf of Governor Mark Gordon – has filed a petition for judicial review in the Wyoming Federal District Court. The lawsuit alleges the Department of Interior failed to meet the 12-month deadline for determining Wyoming’s petition to delist the grizzly bear population in the Greater Yellowstone Ecosystem.
Because of this inaction, the petition seeks to force the Department of Interior to issue its determination.
Wyoming’s petition to delist was submitted to the U.S. Fish and Wildlife Service in January 2022, requesting the agency delist the grizzly bear population in the Greater Yellowstone Ecosystem. This request came after the population was determined to be sufficiently recovered in the region under the Endangered Species Act.
The U.S.F.W.S. had to make an initial finding on whether the petition contained substantial scientific or commercial information showing that the petitioned action may be warranted. On February 6, 2023, the U.S.F.W.S. determined that Wyoming’s petition to delist met that standard and initiated further study.
However, the E.S.A. provides that the U.S.F.W.S. shall decide on a delisting petition within 12 months of its receipt, regardless of when the initial finding is published. Thus, the U.S.F.W.S. has delayed taking final action on Wyoming’s petition to delist.
Accordingly, in the petition for judicial review, Wyoming asks the court to order the DOI to issue a final determination on Wyoming’s petition to delist.
Governor Gordon stated, “Wyoming’s grizzly bear numbers have not only greatly increased but have exceeded population goals for years, and it’s time for the delisting process to move forward. The Fish and Wildlife Service has missed the required 12-month determination deadline, and it’s time for the agency to be held accountable.”
The State of Wyoming remains committed to implementing a sustainable conservation strategy for the grizzly bear population in the Greater Yellowstone Ecosystem, which has continued to thrive since the species was listed under the E.S.A. in 1975.
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