Endangered Grizzly Bears.

Between 1800 and 1975, grizzly bear populations fell from estimates of over 50,000 to less than 1,000. In Yellowstone National Park, government helicopters regularly fly over a habitat shared by grizzly bears and bison, for the purpose of preventing bison from contaminating cattle with a disease carried by bison. Concerned about the untoward albeit unintended adverse effect the helicopter flights have on grizzly bears, an environmental group filed an action against the federal government under the Endangered Species Act of 1973 [16 U.S.C. § 1531; ESA]. The federal trial court dismissed the action, granting the government’s motion for summary judgment. The Ninth Circuit Court of Appeals largely affirmed the order of dismissal, stating: “[The environmental group] alleges that ‘helicopter . . . operations . . .displace grizzly bears, including female bears, from critical spring and summer feeding activities.’ Included in the record is a video [the environmental group] obtained of a ‘bisonhazing helicopter operation’ which purportedly depicts a ‘grizzly bear running away from the helicopter’ on May 12, 2010.  The videographer, however, does not state and the district court could not conclude that ‘the bear was engaged in any feeding activity, whether before, during, or after its contact with the helicopter.’”  (Alliance for the Wild Rockies v. United States Dep’t of Agric. (Ninth Cir.; November 20, 2014) 772 F.3d 592.)