For Release – Thursday, May 10, 2001
Montana Department of Livestock’s Buffalo Management
Plan Endangers Yellowstone’s Wildlife
Environmental Groups File Suit

Contacts:

Darrell Geist -- Cold Mountain, Cold Rivers z@wildrockies.org
Jim Coefield -- The Ecology Center Inc. news@wildrockies.org
Mike Mease -- Buffalo Field Campaign mease@wildrockies.org

Brenda Lindlief Hall -- Reynolds, Motl & Sherwood
Background info: www.wildrockies.org/buffalo<<>> www.wildbison.org

Helena (MT) –The State of Montana’s and the U.S. government’s Yellowstone buffalo
management plan is illegally harming bald eagles, trumpeter swans and their habitat, according to
a lawsuit filed today in Federal District Court (Helena, Montana) by Cold Mountain, Cold Rivers,
Buffalo Field Campaign, and The Ecology Center, Inc.

The groups charge that the Montana Department of Livestock, U.S. Forest Service, U.S. Fish and
Wildlife Service and National Park Service are in violation of several federal environmental laws.
They are seeking an injunction prohibiting the hazing and capturing of Yellowstone’s wild
buffalo herd on the Horse Butte Peninsula, part of the Gallatin National Forest near Yellowstone
National Park. The area provides habitat for several threatened species and sensitive migratory
birds including bald eagles, grizzly bears, gray wolves, and trumpeter swans.

The complaint alleges that the agencies are violating the Endangered Species Act, National
Environmental Policy Act, Migratory Bird Treaty Act and the Administrative Procedure Act by:
• Failing to take the requisite hard look at all impacts and analyze the cumulative effects of
hazing buffalo in habitat occupied by threatened bald eagles and sensitive trumpeter swans;
• Failing to adhere to monitoring requirements for bald eagle territories in the Horse Butte area;
• Repeatedly and illegally using helicopters and all-terrain vehicles to haze buffalo in and near
protected bald eagle closure areas;
• Flying aircraft over protected bald eagle closure areas; and by
• Illegally disturbing habitat occupied by threatened and sensitive species.

Additionally, the complaint alleges that:
• The Montana Department of Livestock is in violation of the terms and conditions of their 10-
year Special Use Permit to haze and capture wild buffalo on the Gallatin National Forest;
• The Montana Department of Livestock has failed to adhere to the“nondiscretionary ...
reasonable and prudent measures” imposed by the U.S. Fish and Wildlife Service to minimize
harm and human caused disturbance to bald eagles;
• The agencies have exceeded the incidental take of threatened bald eagles; and that
• The U.S. Forest Service and U.S. Fish and Wildlife Service have failed to enforce the provisions
of the Special Use Permit and Biological Opinion.

“We have repeatedly warned the Montana Department of Livestock and the Gallatin National
Forest that they are illegally impacting threatened bald eagles and their habitat," said Darrell
Geist of Cold Mountain, Cold Rivers. "There is not one biological opinion, environmental
analysis, or permit that they are in compliance with, and they've misrepresented themselves in
court.”