State signals intent to sue over federal wolverine protections

Montana notified the federal government Friday that it plans to file a lawsuit over the federal wildlife service’s November decision to designate wolverines as a threatened species under the Endangered Species Act.

Montana Fish, Wildlife and Parks Chief of Conservation Policy Quentin Kujala said in a release that the listing is unwarranted because wolverines “continue to do well and inhabit much, if not all, of their available habitat.”

“We work closely with our neighboring states to ensure the continued conservation of these iconic species,” Kujala continued. “Federal protections in this case will only get in the way of good conservation work.”

The decision by The U.S. Fish and Wildlife Service cited threats to the snow-dependent and wide-ranging species wrought by climate change and habitat fragmentation and degradation.  Conservation groups first petitioned the federal government to protect wolverines in 1994. Years of lawsuits and agency reversals brought about by changing presidential administrations followed. As recently as 2020, under the administration of President Donald Trump, the agency decided against listing. 

The notice FWP sent this week to Interior Secretary Deb Haaland and USFWS Director Martha Williams indicates that the state wildlife agency will file suit against the federal agency over the November decision if the federal government doesn’t reverse the decision in the coming 60 days. FWP argues the listing decision was “arbitrary and capricious” and contends that the USFWS decision is inconsistent with research finding that there is connectivity between wolverine populations in Alaska, Canada and the Lower 48 states. 

The “North American wolverine clearly does not meet the definition of a [Distinct Population Segment], and does not meet the criteria of threatened under the ESA,” the state argues. 

FWP also contends that the federal government hasn’t properly accounted for wolverines’ resiliency in the face of snow loss and growing recreational pressure and has erred in its conclusion that the species’ viability is threatened by insufficient gene flow.

Montana Gov. Greg Gianforte also weighed in on the debate Friday, calling the federal government’s listing decision “illogical and ill-informed” in an emailed statement.

“Adding a layer of unnecessary bureaucracy does nothing for conservation but does everything to undermine our responsible management of this species,” Gianforte said. 

Environmental groups expressed frustration with the state’s opposition to listing, arguing that the species’ long-term survival is at stake with approximately 300 wolverines remaining in the Lower 48.

“There’s a very real danger that wolverines will disappear from the lower 48 states without strong federal protections,” Andrea Zaccardi with the Center for Biological Diversity wrote in an email. “Montana continues to demonstrate that it can’t be trusted to protect its imperiled wildlife. We won’t let Montana strip wolverines of the Endangered Species Act protections they desperately need.”

Western Environmental Law Center attorney Matt Bishop said in an email to Montana Free Press that the state’s position is “not one based on the best science.”

“Montana should spend more time and taxpayer dollars working to recover and protect the species, not litigation,” Bishop said, adding that his organization would file a brief in support of USFWS if Montana proceeds with a lawsuit.

The state has not yet decided which federal court it will file the lawsuit in, FWP spokesperson Greg Lemon said Friday.

Reporter Amanda Eggert can be reached at aeggert@montanafreepress.org. The Montana Free Press is a Helena-based nonprofit newsroom. To read the article as originally published, click here.