Congress bars courts from reviewing grizzly bear delisting decision
H.R. 281 — Grizzly Bear State Management Act of 2025 · Filed by Harriet Hageman (R-WY) · 4 cosponsors · Introduced Jan 9, 2025 · Reported out
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What it does
This bill directs the Interior Secretary to reissue a 2017 rule removing Greater Yellowstone grizzly bears from the federal endangered species list, and bars courts from reviewing that reissuance. The bill strips judicial oversight of a wildlife delisting decision, preventing legal challenges to the rule regardless of its merits or compliance with environmental law.
Why we flagged it
The bill's operative mechanism is two-fold: (1) mandating reissuance of a specific 2017 delisting rule, and (2) stripping judicial review of that reissuance. The second element—the immunity clause—is the novel and consequential part; it converts a policy disagreement into a procedural lock-out.
What the text implies
- The 'without regard to any other provision of law' language may override procedural requirements (notice-and-comment rulemaking, ESA consultation mandates, NEPA review) that would normally apply to delisting decisions, allowing the rule to bypass standard environmental review.
- Barring judicial review prevents courts from examining whether the 2017 delisting met the ESA's statutory standard (whether the species remains threatened or endangered), effectively insulating the decision from legal challenge on the merits.
The full analysis lists 4 implications of this text.
Who stands to gain
hunting and outfitting industries in Greater Yellowstone region; livestock producers (reduced predation liability); state wildlife agencies (expanded management authority and revenue from hunting licenses)