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In this Legal Insurrection article, staff writers report that the Interior Department has proposed giving Western states greater authority to manage grizzly bears while keeping them listed as threatened under the Endangered Species Act, potentially paving the way for future delisting and regulated hunting.
- Secretary of the Interior Doug Burgum and U.S. Fish and Wildlife Service Director Brian Nesvik announced the proposal in core grizzly habitat just north of Yellowstone National Park with Western governors in attendance.
- The rule would clarify the geographic areas where grizzly bears in the Lower 48 remain subject to ESA protections and provide additional management flexibility for state and tribal agencies in areas where populations exceed recovery thresholds or pose risks to human life and property.
- Grizzlies remain federally listed as “threatened”; the proposal does not remove them from ESA protections.
- Grizzly populations have recovered from a few hundred animals when listed as endangered in 1973 to more than 2,000 today and are expanding into new habitats and human communities.
- Previous federal efforts to delist the bears in 2007 and 2017 were overturned in court; the Biden administration denied state petitions and affirmed protected status in its final days.
- The Trump administration’s proposal revises the Biden-era rule to allow states to activate their own management plans in coordination with the U.S. Fish and Wildlife Service.
- Republican governors of Montana, Idaho, and Wyoming, along with hunting and livestock groups and the Senate Western Caucus, welcomed the increased state authority and flexibility.
- Montana’s Fish, Wildlife & Parks Department has already established a five-year moratorium on hunting grizzlies even if greater management authority is granted.
- Environmental activists are expected to mount legal challenges, while the Interior Department will accept public comments on the proposed rule for 30 days.
Read the full story:
https://legalinsurrection.com/2026/07/interior-dept-proposes-expanding-state-authority-over-grizzly-bear-management/
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