3—Cold Mountain Cold Rivers Complaint
27, 2000 NOI. By the non-discretionary terms and conditions of
the BO, and the Incidental Take Statement (ITS) contained
therein, helicopter hazing in the Horse Butte Area is strictly
prohibited to protect nesting bald eagles and their habitat.
In May of 2000, prior to expiration of April 27, 2000
NOI, Plaintiffs sought equitable relief in the form of a motion
for a Temporary Restraining Order (TRO) to halt the continuing
illegal hazing of bison in the Horse Butte Area over bald eagle
nests and their foraging territory. At the hearing on the
petition for the TRO, the “Defendants represent[ed] to the Court
that there is no intention for future helicopter hazing in the
Horse Butte Area.” See Exhibit 3, Judge Lovell’sMay 15, 2000
Order, p. 4; see also Ex. 3, Order, p. 2.
Plaintiffs further allege that the effects of hazing
bison with helicopters on threatened, endangered and sensitive
species was never appropriately analyzed in any Environmental
Assessment (EA), Environmental Impact Statement (EIS),
Biological Assessment or Biological Opinion, and therefore
constitutes violations of the National Environmental Policy Act
(NEPA) and the Endangered Species Act.
Finally, Plaintiffs allege that helicopter hazing
resulted in the disturbance and displacement of trumpeter swans
and other migratory birds from their habitat on the Madison Arm