A Supreme Court Media Day - UPDATE October 28, 2015
Burt with a happy face on 6/29/15
Burt with a happy face on 6/29/15

Today the Supreme Court published a notice that they declined to review the legal point our attorney?s presented to them. Reporters called to see what that meant and how I feel about it. I don?t know legal lingo and mostly declined to comment. I gave them Attorney Dave Marshall?s phone number. For here, though, I can say it plain. The DNR tried very hard to create a case against my research claiming that I create public safety issues and don?t publish. Judge Tammy Pust saw through most of it and wrote many supportive words, but she felt she had to defer to the agency in charge when it came to giving or withdrawing permits.
She ruled against me as far as saying I had to have a permit to radio-collar bears. The issue on that point was the definition of possession. She went along with the DNR?s arguments on that even though I believed our attorneys made by far the winning argument on that.
Our attorneys then appealed the narrow legal point of possession to the Court of Appeals pro bono. The three judges there heard the case but also left intact without discussion the definition of possession.
Our attorneys did not want to leave it that the DNR could win cases by making up their own rules and definitions as they go and have the courts go along with them for lack of wanting to deal with technical legal issues. They again worked pro bono to appeal the narrow legal point of possession to the Minnesota Supreme Court, which today announced they didn?t want to deal with it either. So it is left that the powerful DNR can skew definitions to fit their purposes and get away with it.
That?s kind of what two top attorneys told me a couple years ago?that judges tend to go along with government, making it very hard to beat City Hall.
I?m heading home soon to see if Donna recorded local news broadcasts that are carrying the story.
Looking forward to seeing you at Mystic Lake Casino on the 7th.
The picture is a happy memory of this past summer when 10-year-old Burt showed up looking calm and happy to be here. He is a bear I picked up and touched noses with when he was a cub in 2005. He has always been one of the gentlest, calmest bears we know. But that?s here. I can?t remember anyone telling me they ever saw him in the woods.
Thank you for all you do.
Lynn Rogers, Biologist, Wildlife Research Institute and North American Bear Center.