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Buffalo Field Campaign
P.O. Box 957 West Yellowstone, MT 59758
Phone (406) 646-0070 Fax (406) 646-0071
E-mail buffalo@wildrockies.org.
http://www.wildrockies.org/buffalo

Federal Judge Hears Lawsuit for American Bald Eagles and Yellowstone Bison

For Immediate Release: 01/07/02 Press Contact: Dan Brister (406) 646-0070

Helena, MT: Senior U.S. District Judge Charles Lovell heard arguments
today 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."

The Buffalo Field Campaign (BFC) is the only group working in the
field, everyday, to stop the slaughter of Yellowstone's wild buffalo.
Volunteers defend the buffalo on their traditional winter habitat and
advocate for their protection. Our daily patrols stand with the
buffalo on the ground they choose to be on and document every move
made against them.

Background Information is Available Upon Request. Call for Interview.

-30-


December 26, 2002
On January 7th, BFC's lawsuit against the Montana Department of
Livestock and the Federal government will have a hearing in federal
district court in Helena, Montana. This lawsuit, filed in conjunction
with Cold Mountain, Cold Rivers and The Ecology Center, Inc. is directed
at the deficiencies of eagle monitoring, the use of helicopters for
hazing, and other activities associated with the Horse Butte Capture
facility. It has been over a year and a half in preparation, and we'll
finally get our opportunity to be heard in court.

The heart of the lawsuit rests with the lack of proper analysis of the
effects of helicopter hazing on the environment and failure of the
Forest Service and the US Fish and Wildlife Service to properly monitor
and enforce provisions of the Horse Butte Capture Facility Environmental
Assessment (EA). Each year the Forest Service and the Montana DOL
develop and sign an Annual Operating Plan outlining how the DOL will
conduct its activities, and that those activities are lawful and
properly authorized. We believe that this Operating Plan violates the EA
and the Special Use Permit that authorizes the DOL's capture and hazing
activities in the Horse Butte area. In addition to that, we believe the
DOL's activities violate NEPA, the Endangered Species Act, and other
federal laws.

We will be asking the Court for an injunction against the DOL to cease
using helicopters for hazing. We'll also be asking for the Forest
Service to pull the Special Use Permit that allows the DOL to construct
and use the Horse Butte Capture facility and conduct hazing activities
in the Horse Butte area.

We'll be asking for the US Fish and Wildlife Service to rescind its
Incidental Take Permit (which allows the DOL to "take," or basically
kill one eagle--or render one eagle nest unviable). We'll also ask them
to re-enter in formal consultation with the Forest Service over the
eagle monitoring conflict, the effects of heli-hazing on eagles and on
other threatened and endangered species, and on the environment in
general. We'll be asking the Court to force the US Fish and Wildlife
Service to make the US Forest Service cease using the Horse Butte
Capture Facility EA and the Special Use Permit as the basis for allowing
any of the actions that they authorize. We'll let you know how the case
turns out as soon as we can.

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