Case 1:20-cv-00860-APM Document 15 Filed 05/08/20 Page 1 of 3
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`David A. Bahr (D.D.C. Bar # OR0001)
`1035 ½ Monroe St
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`Eugene, OR 97402
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`(541) 566-6439
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`davebahr@mindspring.com
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`Kristine Akland (Montana Bar # 13787) (pro hac vice)
`317 E Spruce St, P.O. Box 7274
`Missoula, MT 59807
`(406) 544-9863
`aklandlawfirm@gmail.com
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`John Persell (D.D.C. Bar # ID0002)
`Western Watersheds Project
`P.O. Box 1770
`Hailey, ID 83333
`(503) 896-6472
`jpersell@westernwatersheds.org
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`Attorneys for Plaintiffs
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
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`Civil Action No. 1:20-cv-860-APM
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`WESTERN WATERSHEDS PROJECT,
`ALLIANCE FOR THE WILD
`ROCKIES, and YELLOWSTONE TO
`UINTAS CONNECTION
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` Plaintiffs,
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`v.
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`DAVID BERNHARDT, in his official
`capacity as Secretary, U.S. Department
`of the Interior, UNITED STATES FISH
`AND WILDLIFE SERVICE, and
`UNITED STATES FOREST SERVICE,
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` Defendants.
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`MOTION FOR PRELIMINARY INJUNCTION
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`Plaintiffs Western Watersheds Project, Alliance for the Wild Rockies, and Yellowstone to
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`Uintas Connections respectfully move this Court for a preliminary injunction to prevent the
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`Case 1:20-cv-00860-APM Document 15 Filed 05/08/20 Page 2 of 3
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`unlawful take of two species protected by the Endangered Species Act: the grizzly bear, listed as
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`“threatened,” and the Kendall Warm Springs dace, listed as “endangered.” Plaintiffs file a
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`Memorandum of Points and Authorities in support of this motion.
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`As part of the Upper Green River Area Rangeland (UGRA) Project, the U.S. Forest Service
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`authorized ten-year livestock grazing permits for six allotments within suitable grizzly bear habitat
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`in the Greater Yellowstone Ecosystem. In 2019, the U.S. Fish and Wildlife Service produced a
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`flawed biological opinion regarding the effects of permitted grazing on grizzly bears, and as part of
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`its conclusions authorized the lethal removal of up to 72 grizzly bears over ten years from the six
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`UGRA Project allotments. Through its UGRA Project Record of Decision, the U.S. Forest Service
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`also authorized cattle herding through an exclosure surrounding the Kendall Warm Springs as
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`permittees move their livestock onto the six allotments. The exclosure is meant to protect the only
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`known habitat in the world for the Kendall Warm Springs dace, a small endemic fish.
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`A preliminary injunction is necessary at this time because the UGRA Project Record of
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`Decision authorizes livestock grazing to begin on these allotments on June 14, 2020, and conflicts
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`between livestock and grizzly bears will then resume. Three bears have already been killed in
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`response to grizzly-livestock conflicts pursuant to the U.S. Fish and Wildlife Service’s 2019
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`authorization. Cattle trailing toward and through the allotments will negatively impact the Kendall
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`Warm Springs dace on or prior to the June 14 turn-out date.
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`This Court has not yet had the opportunity to review the merits of the case. A preliminary
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`injunction to preserve the status quo is warranted here because the public interest and balance of
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`equities tip sharply in Plaintiffs’ favor, the 2019 biological opinion and UGRA Project threaten
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`imminent and irreparable harm to the listed species and Plaintiffs’ interests, and Plaintiffs have
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`raised serious questions on the merits.
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`Case 1:20-cv-00860-APM Document 15 Filed 05/08/20 Page 3 of 3
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`Plaintiffs understand the current global pandemic has necessarily shifted priorities and
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`resources for the Court. For that reason, Counsel for Plaintiffs conferred with counsel for
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`Defendants by electronic mail and telephone on May 6 and May 7, 2020, to discuss whether
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`Defendants and Plaintiffs could reach an agreement regarding take of the two species absent a
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`motion for a preliminary injunction. Defendants have declined to voluntarily agree not to lethally
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`remove grizzly bears on these allotments or to allow cattle herding through the Kendall Warm
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`Springs exclosure until the Court has an opportunity to decide this case on the merits. Defendants
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`oppose this motion.
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`For the reasons stated above and in the accompanying Memorandum of Points and
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`Authorities, Plaintiffs request this Court enjoin the lethal removal of grizzly bears from the UGRA
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`Project allotments in response to livestock conflicts until the Court has decided this case on the
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`merits. In addition, Plaintiffs request this Court enjoin the herding of cattle through the Kendall
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`Warm Springs exclosure until the Court has decided this case on the merits.
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`Respectfully submitted for the Court’s consideration this 7th day of May, 2020.
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`/s/ Kristine Akland
`Kristine Akland
`317 E Spruce St, P.O. Box 7274
`Missoula, MT 59807
`(406) 544-9863
`aklandlawfirm@gmail.com
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`/s/ David A. Bahr
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`David A. Bahr
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`1035 ½ Monroe St
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`Eugene, OR 97402
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`(541) 566-6439
`davebahr@mindspring.com
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`/s/ John Persell
`John Persell
`Western Watersheds Project
`P.O. Box 1770
`Hailey, ID 83333
`(503) 896-6472
`jpersell@westernwatersheds.org
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