Montana Joins Lawsuit Against Changing Definition of Critical Habitat for Endangered Species

The state of Montana is now one of 16 states challenging yet another regulation change surrounding the Endangered Species Act. Montana Attorney General’s Office Spokesman Eric Sell says the legal challenge revolves around the definition of “Critical Habitat”.

"Montana filed a law suit against the U.S. Fish and Wildlife Services in the U.S. National Marine Fisheries Services, over two newly adopted rules that expand the definition of critical habitat in the endangered species act, " Sell said. "What the new rules do is expand is the definition to include any land that could potentially have the characteristics that are important to the preservation of the species."

Sell says the definition is so vague that it would give the federal government far too much power to step into activity on Montana lands.

"It would really give these federal agencies power to stop a multitude of activities," Sell said. "Anywhere from parazing to building that could potentially damage habitats that is defined as critical to the  preservation of the species by bureaucrats in Washington."

Attorney General Tim Fox also commented on the lawsuit by expressing some hope that there would be changes with the new presidency of Donald Trump saying, “I’m hopeful that the incoming administration will scrap these rules, and instead, respect the process used to create laws in this country, rather than promulgate law by executive fiat.”