The federal government and the State of Wyoming just argued the appeal from Judge Christensen's Federal District Court's Order relisting the grizzly bear after Wyoming scheduled grizzly bear hunts. It was just argued in front of 3 judges from the 9th Circuit Court of Appeals. That Court of Appeals is often called the Nutty Ninth.
The decision to give this bear a pass may stem from the fact it couldn't be located. There are lots of grizzly bears around here. They are not all collared. Less than a few miles from this spot in 2018, the G&F trapped at least 6 grizzly bears in less than a month. Also, everyone who hikes and recreates in this part of NW Wyoming does so at their own peril. If the decision is made by the federal or state government to give a bear a pass, the people who make that decision have tort immunity from lawsuits. They can't be sued if the same bear attacks another person. Unless you can find gross negligence, they walk on the issue of civil liability. The widow who sued the federal government over her husband's death on Kitty Creek in 2011, from a grizzly bear attack, had her suit dismissed on a motion for summary judgement. Despite the fact that the USFWS had ignored all of it's own trapping protocols on releasing a drugged grizzly bear, the judge felt it did not rise to the level of gross negligence.
I post these articles on grizzly bear attacks for one simple reason. The threat from grizzly bears is real. Very few people who hunt or recreate in this area, appreciate that fact. If you come here, you had better pay attention or suffer the consequences. Thinking it won't happen to you, or that you can defend yourself with a firearm or bear spray, may not be true. From what I have heard, this poor fellow never saw this grizzly bear coming. Arguing that the attack was defensive and not aggressive is just speculation. My guess is if this bear does this again (assuming they can locate it) the powers that be will claim it was aggressive. Does it really matter if you are the person attacked? just sayin...mh