Otter appeals dismissal of Idaho sage grouse lawsuit

Idaho Gov. C.L. “Butch” Otter is appealing the dismissal of his sage grouse lawsuit against the federal government.

Otter late last week filed the notice appealing to the U.S. Court of Appeals for the District of Columbia.

Otter sued in September 2015 after federal officials opted not to list sage grouse under the Endangered Species Act but announced federal land-use restrictions.

U.S. Court Judge Emmet G. Sullivan dismissed the lawsuit in January. Sullivan didn’t rule on the merits of the claims but said Otter lacked standing because the state didn’t prove it had been injured.

Otter has long complained that Idaho worked with federal agencies to come up with a sage grouse plan only to have Idaho’s plan ignored.

The sage grouse is found in 11 Western states.