"If you list a species because of habitat loss, you can't write a recovery plan that doesn't address it," says Eric Glitzenstein, an attorney representing 20 environmental groups in the case. He predicts the ruling will delay plans to remove the Yellowstone grizzly population from the endangered species list, a move advocated by the Wyoming Game and Fish Department. The department maintains that current population counts meet the recovery plan requirements.
The Fish and Wildlife Service has asked the court to reconsider its ruling, claiming that Friedman misread the plan, and that it actually meets his concerns. Glitzenstein warns that without substantial changes in the plan, "the Service will be buying itself more legal trouble."