Quimbee logo with url
From our private database of 14,300+ case briefs...

Greater Yellowstone Coalition v. Servheen

United States Court of Appeals for the Ninth Circuit
665 F.3d 1015 (2011)

Facts

In 1975, the United States Fish and Wildlife Service (FWS) (defendant) listed grizzly bears as threatened under the Endangered Species Act (ESA), 16 U.S.C. §§ 1531 et seq. In 1982, the FWS developed a recovery plan for the grizzly bears in certain areas, including the Greater Yellowstone Area. The recovery plan included demographic and habitat-based recovery criteria. By 2000, the grizzly bears had expanded their range by 48 percent. In 2006, the FWS determined that the recovery plan’s criteria were being met, and developed a conservation strategy to guide the management and monitoring of Yellowstone grizzly bears (grizzlies) and their habitat. The finalized conservation strategy consisted of population and habitat standards based on the recovery plan’s criteria. The FWS issued a delisting rule for the grizzlies, designating the grizzlies as a distinct population segment due in part to their unique dependence on whitebark pine for food. The FWS concluded that climate-change-induced pine loss would not endanger the grizzlies because (1) the grizzlies likely had behavioral adaptations for food acquisition, and (2) a different grizzly-bear population had increased despite pine loss. The FWS relied heavily on adaptive management to justify its delisting decision. Adaptive management would consist of monitoring grizzlies for food availability and population decline, and recommending appropriate management responses or a relisting petition in the event of mortalities. Greater Yellowstone Coalition, Inc. (GYC) (plaintiff) challenged the FWS’s delisting decision. The district court ruled in favor of GYC, finding that the FWS had relied excessively on measures that were not legally binding. The FWS appealed.

Rule of Law

Issue

Holding and Reasoning (Tallman, J.)

Concurrence/Dissent (Thomas, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 256,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,300 briefs, keyed to 191 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Here's why 256,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 14,300 briefs - keyed to 191 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.