HAMILTON — Local and national conservation groups have filed a lawsuit over changes to road planning in Bitterroot National Forest, citing concerns for grizzly bears and bull trout.
The lawsuit was brought against the U.S. Forest Service (USFS) and the U.S. Fish & Wildlife Service (USFWS) by Bozeman-based environmental law firm Earthjustice, following their notice of intent to sue in September.
The filing comes in response to changes to the Bitterroot’s 1987 Forest Plan.
“Before the Forest Service made its most recent change, the status quo was, if the Forest Service was gonna build a new road or open an existing road to motor vehicle use, they first had to close comparable road miles elsewhere in the forest,” said Earthjustice senior attorney Ben Scrimshaw. “That was intended to protect Elk, but it also protected grizzly bear habitat and bull trout habitat.”
The USFS approved an amendment to the plan in 2023. While focused on elk and trees, it also changed the policies on road building.
“Roads and road use displace grizzly bears and fragment their habitat. And roads also deliver sediment to bull trout streams, which could cause all sorts of problems for a bull trout,” Scrimshaw said. “From our perspective, this change really creates the possibility for a whole host of new harms to grizzly bears and bull trout that didn't previously exist in the forest.”
The USFS determined when approving the amendment that it would not impact bull trout. While they found the proposed changes were “likely to adversely affect grizzly bears,” their management plans would mitigate negative impacts, according to final decision on the amendment.
MTN reached out to the USFS and the USFWS, but both agencies say they do not comment on pending litigation.
Earthjustice is representing conservation groups including Friends of the Bitterroot, Friends of the Clearwater, Native Ecosystems Council and WildEarth Guardians.
They say the Bitterroot habitat is vital to wildlife, especially when it comes to connecting populations and keeping genetic diversity.
