Delisting the Grizzly: Perspectives of the Greater Yellowstone Grizzly Bear Litigation from Administrative, Animal, and Federal Indian Law (On-Demand CLE)

    Delisting the Grizzly: Perspectives of the Greater Yellowstone Grizzly Bear Litigation from Administrative, Animal, and Federal Indian Law (On-Demand CLE)
    CLE 90 min

    Delisting the Grizzly: Perspectives of the Greater Yellowstone Grizzly Bear Litigation from Administrative, Animal, and Federal Indian Law (On-Demand CLE)

    What does the recent delisting of the grizzly bear as threatened under the Endangered Species Act mean, and what are its repercussions on other similar cases? Take this program to gain insights into this litigation from a variety of legal experts, and expand your knowledge of other related practice areas in order to develop a greater understanding of the larger issues and strategies involved.

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    U.S. Fish & Wildlife Service (FWS) designated the grizzly bear as "threatened" under the Endangered Species Act (ESA) in 1975. FWS declared a rebound in the Yellowstone National Park grizzly population and, on June 30, 2017, published a Final Rule concurrently categorizing the Greater Yellowstone Ecosystem (GYE) Grizzly Bear as a distinct population segment (DPS), and delisting this GYE Grizzly Bear DPS. GYE Grizzly Bears are now no longer protected by the ESA and can be subject to game hunting outside national parks.

    Response by environmental NGOs, animal protection groups, and tribal nations and organizations was swift. The plaintiffs' complaints allege violations under the ESA, Administrative Procedure Act, and Religious Freedom Restoration Act. Arguments range from improper threats analysis and arbitrary and capricious agency decision-making to the federal government's failure to consult meaningfully with sovereign Native American tribes. On December 17, 2017, FWS further complicated the debate with its surprising move to reopen public comment.

    This issue cuts across multiple practice areas—administrative law, environmental law, animal law, and the federal government's unique trust responsibility to Indian tribes. The ultimate outcome will also establish the precedential import of the western Great Lakes Gray Wolf DPS case ( Humane Soc'y of the United States v. Zinke, 865 F.3d 585 (D.C. Cir. 2017)).

    In sum, this program will allow you to:
    • Gain insights into this litigation shared by legal experts, including those involved in the gray wolf and current litigation
    • Expand your knowledge of other related practice areas and develop a greater understanding of the larger issues and strategies involved

    Product Details

    Moderators

    J B Ruhl

    Panelists

    Kelly Elizabeth Nokes, Peter Jack Breuer, Ralph Henry

    Sponsors

    Section of Administrative Law and Regulatory Practice, Section of Environment, Energy, and Resources, Tort Trial and Insurance Practice Section

    Product Code

    CE1802DTGOLC

    Duration

    90

    Publication Date

    2/21/2018 12:00:00 AM

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