National Forest Legal News Blog

Montana - Judge Lovell of the District Court for the District of Montana denied the plaintiff's request to withdraw its motion for a preliminary injunction as to the State of Montana's aerial hazing of buffalo.  First, the court found that the plaintiff failed to join the State of Montana, an indispensible party.  Second, the court ruled that the case should continue on the merits because whether the state could haze the buffalo from the sky under the ESA is an important issue needed to be resolved.  The court basically stated that although the hazing had currently ended, it would continue.  The court ordered the government to answer the complaint in 30 days.  11-CV-76-M-CCL (D. Mont. June 6, 2011).