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Senior U.S. District Judge Charles Lovell heard arguments Tuesday in Helena in a case brought against the Montana Department of Livestock, the U.S. Forest Service, the U.S. Department of Agriculture, the U.S. Department of Interior, the U.S. Fish and Wildlife Service, and the National Park Service by a trio of Environmental groups. Judge Lovell did not issue a decision in the case.

Cold Mountain, Cold Rivers (CMCR), the Buffalo Field Campaign (BFC), and the Ecology Center Incorporated (TECI) filed suit in May 2001 alleging that the state and federal agencies' Yellowstone bison management operations are illegally impacting threatened bald eagles, sensitive trumpeter swans, and their habitats. The lawsuit implicates the government's on-going multimillion-dollar plan to haze, capture, and slaughter wild bison on public lands.

TECI spokesperson Jim Coefield said, "We hope that Judge Lovell will make a quick decision and give the bald eagles the relief we are asking for."

The groups are seeking relief from ongoing violations of the Endangered Species Act, the National Environmental Policy Act, the Migratory Bird Treaty Act, the Administrative Procedures Act, the National Forest Management Act, and the Special Use Permit authorizing bison capture operations on the Gallatin National Forest.

Among the issues raised by the groups is the Department of Livestock's consistent use of helicopters to haze bison in areas where helicopters are specifically prohibited.

The groups are represented by the Helena law firm Reynolds, Motl, and Sherwood. According to their attorney, Brenda Lindlief Hall, "When the sun sets on all of the issues, what remains is that no analysis of helicopters on wildlife has ever been done. This failure is a clear violation of the Endangered Species Act and the National Environmental Policy Act."

"Hazing is taking a tremendous toll on bison, on threatened bald eagles, and on native wildlife in the Yellowstone ecosystem," said CMCR's Darrell Geist, "It needs to stop."

"The judge expressed concern that more bison may be killed without the Department of Livestock's capture facility," said Mike Mease of the Buffalo Field Campaign. "The bottom line is they are going to try to kill a thousand buffalo with or without their trap."

We will continue to keep you updated as the legal process unfolds.

*E-mail the Secretaries of Interior and Agriculture

Here's a quick and easy way to send a message to the Secretaries of Interior and Agriculture for the buffalo. On our website we have an email letter that you can send asking them to use their authority to protect the Yellowstone buffalo. Over 180,000 folks have signed a citizen's petition that demands that buffalo be given precedence over cattle on public (Forest Service) lands designated as "wildlife habitat" in Yellowstone. Now we are following this effort up with even more letters asking the federal government to simply allow buffalo to utilize our public lands. Read and send the complete letter online.

*Comment on Wyoming Elk Vaccination Plan before Jan. 15th!

The Wyoming Game and Fish Department (WGFD) has proposed a plan to vaccinate elk on the National Elk Refuge (Refuge) managed by the US Fish and Wildlife Service (USFWS) in Jackson, Wyoming. This proposal conflicts with current Refuge management for habitat improvement to reduce disease transmission and to increase native habitat for healthy, free-ranging wildlife.

Elk, like bison, need healthy habitat, not vaccinations. Elk that winter over on the Refuge actually show a lower rate of brucellosis exposure than elk on other Wyoming feed grounds where the elk are vaccinated on concentrated feeding operations for longer periods each winter. Even the WGFD has called feed grounds "a recipe for disaster," due to the increased likelihood of transmission of diseases such as Chronic Wasting Disease, Tuberculosis and Pasturella Pneumonia in such confined areas. Successful management of sustainable wildlife populations requires adequate habitat for all free-ranging, healthy wildlife species.

*Please send comments to the USFWS by January 15th. More information on the issue,
how to comment, and some points to include in your comments can be found by going to:
Elk Don't Need Vaccinations! "Just A Home On The Range".

The bison could be next. Make it clear that wildlife need healthy and protected habitat, not more harassment.