In a big win for Alaska’s wildlife, an Anchorage Superior Court judge ruled that a state program that authorized the killing of nearly 200 brown bears is unconstitutional and bypassed due process, as reported by KSKA.
The ruling effectively put a stop — at least for now — to the culling.
Judge Andrew Guidi stated that the Board of Game’s (BOG) expansion of the state’s wolf-culling program to include bears significantly altered the program’s “subject matter” without sufficient notice.
“These changes went far beyond varying, clarifying or altering the specific matter of the proposal addressed in the original notice,” Guidi wrote. “As a result, the BOG failed to adhere to mandatory due process standards.”
The judge also noted that the BOG’s proposal focused on boosting caribou numbers without properly considering the impact this would have on bear populations.
“Addressing the sustainability of a constitutionally protected resource like bears almost certainly requires the BOG to engage in more than a rudimentary discussion about a bear population or engage in conclusionary opinions when considering a proposal to initiate a program calling for the unrestricted killing of bears,” Guidi said.
Joe Geldhof, attorney for the Alaska Wildlife Alliance, underscored that the ruling requires an immediate cessation of bear killings unless the state seeks a stay.
The decision came after Alaska Wildlife Alliance and Anchorage attorney Michelle Bittner filed separate lawsuits against the state, each contesting the bear-culling program. Bittner’s case was initially dismissed, but then the Alaskan Supreme Court ruled that she did have grounds to sue the state, enabling both cases to move forward.
Lady Freethinker commends Judge Andrew Guidi for recognizing the cruel bear cull as unconstitutional. We hope the ruling is upheld and that the bears are allowed to live their lives in peace.
