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Keywords

defendantappealsummary judgmentharassmentenvironmental lawendangered species act

nonprofithuman rightsendangered species act

Related Cases

Cold Mountain v. Garber, 375 F.3d 884, 58 ERC 1833, 34 Envtl. L. Rep. 20,055, 04 Cal. Daily Op. Serv. 6263, 2004 Daily Journal D.A.R. 8537

Facts

The case arose from the operation of a bison capture facility in Montana, which was established to manage the Yellowstone bison herd and prevent the spread of brucellosis to livestock. The Montana Department of Livestock applied for a Special Use Permit from the Forest Service to operate the facility, which included monitoring and hazing of bison. Environmental groups alleged that the operation violated the Endangered Species Act and other environmental laws, claiming that it led to the harassment of bald eagles in the area. The district court found no evidence of a prohibited take of bald eagles and ruled in favor of the defendants.

Convinced that the bison hazing restrictions were being violated by the MDOL, Cold Mountain, Cold Rivers, Inc., a nonprofit environmental and human rights organization based in Missoula, Montana, joined by the Buffalo Field Campaign and the Ecology Center, Inc. (collectively “Cold Mountain”), sent a Notice of Intent to Sue for violations of the ESA to state and federal officials on April 27, 2000.

Issue

Did the issuance of the Special Use Permit for the bison capture facility violate the Endangered Species Act or the National Environmental Policy Act?

We must decide whether the United States Forest Service's issuance of a permit to operate a bison capture facility in Montana violated the Endangered Species Act or the National Environmental Policy Act.

Rule

The Endangered Species Act prohibits the taking of listed species, and the National Environmental Policy Act requires federal agencies to prepare an Environmental Impact Statement for major federal actions significantly affecting the environment.

The ESA makes it illegal to “take any such [listed endangered] species within the United States.” 16 U.S.C. § 1538(a)(1)(B). NEPA mandates that federal agencies prepare an EIS for major federal actions “significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C).

Analysis

The court analyzed whether the environmental groups provided sufficient evidence to establish a causal link between the operation of the bison capture facility and the alleged harm to bald eagles. It concluded that the groups failed to demonstrate that any violations of the hazing restrictions led to a prohibited take of eagles. The court also found that the Forest Service had conducted a thorough environmental assessment and had taken the required hard look at the potential impacts of the facility's operation.

Cold Mountain has failed to establish a causal link between any alleged hazing violations and the Ridge nest failure. The record is bereft of specific evidence linking the Ridge nest failure to the alleged hazing violations.

Conclusion

The Court of Appeals affirmed the district court's summary judgment in favor of the defendants, concluding that the environmental groups did not establish a prohibited take of bald eagles and that the Forest Service complied with NEPA.

For the foregoing reasons, we AFFIRM the judgment of the district court.

Who won?

The defendants, including the Montana Department of Livestock and the United States Forest Service, prevailed because the court found no evidence of a prohibited take of bald eagles and determined that the environmental assessment conducted was adequate.

The court noted that the Forest Service had investigated Cold Mountain's allegations of hazing violations and deemed them unfounded.

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