Editorial from the Wisconsin State Journal Sept. 28, 2011
Wisconsin is now home to some 800 gray wolves.
Wisconsin has more wolves than every state in the nation except Alaska and Minnesota.
These majestic animals have more than tripled in numbers here over the last decade, thriving far beyond state and federal recovery goals.
So why are they still on the federal endangered species list?
The U.S. Fish and Wildlife Service should remove the gray wolf from the list in and around Wisconsin so wildlife officials here can better protect farm livestock and pets — as well as the wolf's reputation.
Virtually every member of Wisconsin's congressional delegation — even U.S. Rep. Tammy Baldwin, D-Madison — agrees. The delegation this week sent a letter asking Dan Ashe, director of the U.S. Fish and Wildlife Service, to delist the wolf.
The U.S. Fish and Wildlife Service has proposed doing just that. Yet its process is incredibly slow and complicated by an effort reclassifying gray wolves in the eastern United States as a new species. Read more..
Showing posts with label wolf delisting. Show all posts
Showing posts with label wolf delisting. Show all posts
Wednesday, September 28, 2011
Thursday, August 4, 2011
Judge upholds Congress' change to wolf status
HELENA, Mont. The way Congress went about removing endangered species protections from the Northern Rockies gray wolf undermines the rule of law, but it did not violate the Constitution, a federal judge ruled Wednesday.
U.S. District Judge Donald Molloy reluctantly upheld a budget rider passed by Congress in April that stripped wolves of federal protections in Montana, Idaho and parts of Washington, Oregon and Utah.
The provision was inserted by Republican Rep. Mike Simpson of Idaho and Democratic Sen. Jon Tester of Montana. The measure marked the first time since the passage of the Endangered Species Act in 1973 that Congress forcibly removed protections from a plant or animal.
Molloy, who twice blocked attempts to lift federal protections for the predators before Congress' action, did not hide his distaste for the provision.
"The way in which Congress acted in trying to achieve a debatable policy change by attaching a rider to the Department of Defense and Full-Year Continuing Appropriations Act of 2011 is a tearing away, an undermining and a disrespect for the fundamental idea of the rule of law," Molloy wrote in his order.
Full story
U.S. District Judge Donald Molloy reluctantly upheld a budget rider passed by Congress in April that stripped wolves of federal protections in Montana, Idaho and parts of Washington, Oregon and Utah.
The provision was inserted by Republican Rep. Mike Simpson of Idaho and Democratic Sen. Jon Tester of Montana. The measure marked the first time since the passage of the Endangered Species Act in 1973 that Congress forcibly removed protections from a plant or animal.
Molloy, who twice blocked attempts to lift federal protections for the predators before Congress' action, did not hide his distaste for the provision.
"The way in which Congress acted in trying to achieve a debatable policy change by attaching a rider to the Department of Defense and Full-Year Continuing Appropriations Act of 2011 is a tearing away, an undermining and a disrespect for the fundamental idea of the rule of law," Molloy wrote in his order.
Full story
Wednesday, August 3, 2011
Updated: Wyoming, Feds, reach deal on delisting wolves
By JEREMY PELZER Star-Tribune capital bureau trib.com
CHEYENNE - After years of fighting, the state of Wyoming and the federal government have reached an agreement to remove the state's roughly 340 wolves from the endangered species list and put them under state control.
Under the so-called dual-status plan, wolves in the northwest part of the state would be protected as trophy game, meaning they could only be hunted with a license.
The 60 or so wolves in Yellowstone and Grand Teton national parks -- which includes five to six breeding pairs -- would be delisted but wouldn't be under state control.
In a media release announcing the deal, Mead said wolves have long preyed on livestock and game animals such as moose and elk in the state.
"This is far from the end of this process, but I think we have come up with something that fits with Wyoming's values and economy," Mead said in the release. "Wolves are recovered in Wyoming; let's get them off the endangered species list."
U.S. Rep. Cynthia Lummis, who last month inserted a no-litigation clause for any Wyoming wolf deal into a still-pending appropriations bill, praised Mead for reaching a deal over an issue that's been simmering since wolves were re-introduced by the federal government to the state in 1995.
"Today marks one more step in the considerable progress Wyoming has recently made in returning management of the fully recovered gray wolf to our own state experts," Lummis said in a media release. "For years, Wyoming has worked in good faith to produce and defend a wolf management plan. These labors have been difficult and, frankly, haven't produced results -- until today."
Republican Sens. John Barrasso and Mike Enzi also lauded the deal, saying it was long overdue.
However, U.S. Rep. Ed Markey, D-Mass., the top-ranking Democrat on the House Natural Resources Committee, wrote Salazar today to "express grave concern" about the agreement. The minimum population standards in the deal would mean 40 percent of Wyoming's current estimated wolf population will die, he wrote, and suggested that the agreement was based on politics, not just science. "Science, not politics, should ensure the conservation and management [of] the gray wolves in Wyoming, should they be delisted," Markey wrote in the letter.
Full story at link
CHEYENNE - After years of fighting, the state of Wyoming and the federal government have reached an agreement to remove the state's roughly 340 wolves from the endangered species list and put them under state control.
Under the so-called dual-status plan, wolves in the northwest part of the state would be protected as trophy game, meaning they could only be hunted with a license.
The 60 or so wolves in Yellowstone and Grand Teton national parks -- which includes five to six breeding pairs -- would be delisted but wouldn't be under state control.
In a media release announcing the deal, Mead said wolves have long preyed on livestock and game animals such as moose and elk in the state.
"This is far from the end of this process, but I think we have come up with something that fits with Wyoming's values and economy," Mead said in the release. "Wolves are recovered in Wyoming; let's get them off the endangered species list."
U.S. Rep. Cynthia Lummis, who last month inserted a no-litigation clause for any Wyoming wolf deal into a still-pending appropriations bill, praised Mead for reaching a deal over an issue that's been simmering since wolves were re-introduced by the federal government to the state in 1995.
"Today marks one more step in the considerable progress Wyoming has recently made in returning management of the fully recovered gray wolf to our own state experts," Lummis said in a media release. "For years, Wyoming has worked in good faith to produce and defend a wolf management plan. These labors have been difficult and, frankly, haven't produced results -- until today."
Republican Sens. John Barrasso and Mike Enzi also lauded the deal, saying it was long overdue.
However, U.S. Rep. Ed Markey, D-Mass., the top-ranking Democrat on the House Natural Resources Committee, wrote Salazar today to "express grave concern" about the agreement. The minimum population standards in the deal would mean 40 percent of Wyoming's current estimated wolf population will die, he wrote, and suggested that the agreement was based on politics, not just science. "Science, not politics, should ensure the conservation and management [of] the gray wolves in Wyoming, should they be delisted," Markey wrote in the letter.
Full story at link
Wednesday, July 27, 2011
Wolves back in court
Outdoors blog
Idaho-Montana wolf issues head back to court on Tuesday
July 25. PREDATORS — The battle over the status of gray wolves in Idaho and Montana returns to court Tuesday, where environmental groups will argue Congress overstepped its authority when it stripped the animals of federal protection last May, according to a report by Eric Barker of the Lewiston Tribune.
Two legal scholars who specialize in environmental and constitutional law say the greens face long odds in their effort to reinstate Endangered Species Act protections for wolves.
Read on for the rest of Barker's story.
The groups, which include the Moscow-based Friends of the Clearwater, the WildEarth Guardians, Alliance for the Wild Rockies and the Center for Biological Diversity, claim Congress violated the U.S. Constitution’s separation of powers doctrine when it attached a rider to a federal appropriations bill that delisted wolves. The rider ordered the U.S. Fish and Wildlife Service to re-publish a wolf delisting rule that had been overturned in 2010 by Judge Donald Molloy of Missoula, Mont. The rider also said the rule would not be subject to judicial review.
The groups have argued in court briefs that because the wolf case was being appealed and a decision was pending, the rider unconstitutionally interfered with the judicial branch. Specifically they say the rider “directs an outcome in pending litigation without changing underlying law or providing the courts with new law or standards to apply.”
The rider authored by Rep. Mike Simpson, R-Idaho, and Sen. Jon Tester, D-Montana, makes no reference to the underlying law, the Endangered Species Act. For example, Molloy ruled the delisting rule was illegal because it removed protection for wolves in the Northern Rockies in only a portion of their range, Idaho and Montana, but not in Wyoming. The rider does not explicitly change the ESA to make that legal in either a narrow or broad sense.
The federal government responded in court documents that the action by Congress implicitly amends the ESA by overriding all existing laws that govern wolves and it does not infringe on the authority of the court.
Michael Blumm, a professor at Lewis and Clark Law School in Portland, Ore., said administrative rules, such as the ones that list and delist species under the ESA, can be challenged under the Administrative Procedures Act or the ESA. Since both were authored by Congress, it has jurisdiction over them and because of that it can order a rule exempt from judicial review. full story
Related articles:
RMEF Files Motion to Intervene in Latest Wolf Suit
Gazette opinion: Wolf rider implements needed state plans
Idaho-Montana wolf issues head back to court on Tuesday
July 25. PREDATORS — The battle over the status of gray wolves in Idaho and Montana returns to court Tuesday, where environmental groups will argue Congress overstepped its authority when it stripped the animals of federal protection last May, according to a report by Eric Barker of the Lewiston Tribune.
Two legal scholars who specialize in environmental and constitutional law say the greens face long odds in their effort to reinstate Endangered Species Act protections for wolves.
Read on for the rest of Barker's story.
The groups, which include the Moscow-based Friends of the Clearwater, the WildEarth Guardians, Alliance for the Wild Rockies and the Center for Biological Diversity, claim Congress violated the U.S. Constitution’s separation of powers doctrine when it attached a rider to a federal appropriations bill that delisted wolves. The rider ordered the U.S. Fish and Wildlife Service to re-publish a wolf delisting rule that had been overturned in 2010 by Judge Donald Molloy of Missoula, Mont. The rider also said the rule would not be subject to judicial review.
The groups have argued in court briefs that because the wolf case was being appealed and a decision was pending, the rider unconstitutionally interfered with the judicial branch. Specifically they say the rider “directs an outcome in pending litigation without changing underlying law or providing the courts with new law or standards to apply.”
The rider authored by Rep. Mike Simpson, R-Idaho, and Sen. Jon Tester, D-Montana, makes no reference to the underlying law, the Endangered Species Act. For example, Molloy ruled the delisting rule was illegal because it removed protection for wolves in the Northern Rockies in only a portion of their range, Idaho and Montana, but not in Wyoming. The rider does not explicitly change the ESA to make that legal in either a narrow or broad sense.
The federal government responded in court documents that the action by Congress implicitly amends the ESA by overriding all existing laws that govern wolves and it does not infringe on the authority of the court.
Michael Blumm, a professor at Lewis and Clark Law School in Portland, Ore., said administrative rules, such as the ones that list and delist species under the ESA, can be challenged under the Administrative Procedures Act or the ESA. Since both were authored by Congress, it has jurisdiction over them and because of that it can order a rule exempt from judicial review. full story
Related articles:
RMEF Files Motion to Intervene in Latest Wolf Suit
Gazette opinion: Wolf rider implements needed state plans
Friday, May 6, 2011
Wolves Off U.S. Endangered Species List, Lawsuit Seeks Reinstatement
WASHINGTON, DC, May 5, 2011 (ENS) - The U.S. Fish and Wildlife Service today issued a final rule to remove protections for gray wolves in the Northern Rockies under the Endangered Species Act. The rule is identical to the 2009 delisting rule that was struck down by a federal court in August 2010.
Effective immediately, the rule will return management authority over wolves to the states of Idaho, Montana, Oregon, Washington and Utah, while retaining federal control in Wyoming until an adequate state management plan is developed.
The rule is required by a rider added to the continuing budget resolution passed by Congress last month that funds the federal government for the remainder of this fiscal year.
The rider was attached to the federal budget bill by Senator Jon Tester, a Montana Democrat, and Representative Mike Simpson, an Idaho Republican, and marked the first time an animal or plant has been removed from the endangered species list by Congress.
That rider was challenged in court today by the Center for Biological Diversity. The nonprofit group filed a challenge in federal court in Missoula, Montana, arguing that a congressional rider requiring removal of Endangered Species Act protections for wolves in the northern Rocky Mountains is unlawful because it violates the separation of powers in the U.S. Constitution.
"The wolf rider is a clear example of overreaching by Congress that resulted in the wrongful removal of protections for wolves," said Noah Greenwald, endangered species director at the Center for Biological Diversity. "The rider is not only a disaster for wolves but for any endangered species that a politician doesn't like. Congress has set a terrible precedent that we hope to overturn."
The group's case is based on Article III of the U.S. Constitution, which establishes the principle of "separation of powers." This principle dictates that the judicial power of the United States lies in the federal courts and not in Congress.
In this case, the Center argues, "Congress violated the principle by inserting itself into an ongoing legal case brought by conservation groups over the fate of wolves in the northern Rockies."
Rodger Schlickeisen, president of the nonprofit Defenders of Wildlife, said, "While today's announcement comes as no surprise, the action taken by Congress and the Obama administration last month to strip federal protections for wolves was unwarranted and extremely disappointing. It has undermined our nation's commitment to good stewardship and sets a terrible precedent for side-stepping America's bedrock environmental laws whenever it's politically convenient to do so.
"However, wolves can still have a bright future in the Northern Rockies if states manage them responsibly as they have promised in the past. The elected leaders of Montana and Idaho, in particular, continue to assert that their states know best how to manage wildlife. Now is their chance to prove it." Full story at link
Related Articles:
U.S. Department of Interior Begins Delisting of Gray Wolves in Eight States
Washington, DC --(Ammoland.com)- On the heels of legislation passed last month with the support of the Congressional Sportsmen’s Caucus (CSC) as part of the FY 2011 budget agreement, the U.S. Fish and Wildlife Service (USFWS) announced this week that it is lifting Endangered Species Act (ESA) protections for 5,500 grey wolves in eight states in the Northern Rockies and Great Lakes and has published a proposed rule to remove gray wolves from ESA designation in the Western Great Lakes.
Groups sue to regain wolf protection
Three environmental groups joined to file a lawsuit Thursday to return federal protection to gray wolves in the Northern Rockies, arguing that politicians are deciding the fate of an endangered species.
Effective immediately, the rule will return management authority over wolves to the states of Idaho, Montana, Oregon, Washington and Utah, while retaining federal control in Wyoming until an adequate state management plan is developed.
The rule is required by a rider added to the continuing budget resolution passed by Congress last month that funds the federal government for the remainder of this fiscal year.
The rider was attached to the federal budget bill by Senator Jon Tester, a Montana Democrat, and Representative Mike Simpson, an Idaho Republican, and marked the first time an animal or plant has been removed from the endangered species list by Congress.
That rider was challenged in court today by the Center for Biological Diversity. The nonprofit group filed a challenge in federal court in Missoula, Montana, arguing that a congressional rider requiring removal of Endangered Species Act protections for wolves in the northern Rocky Mountains is unlawful because it violates the separation of powers in the U.S. Constitution.
"The wolf rider is a clear example of overreaching by Congress that resulted in the wrongful removal of protections for wolves," said Noah Greenwald, endangered species director at the Center for Biological Diversity. "The rider is not only a disaster for wolves but for any endangered species that a politician doesn't like. Congress has set a terrible precedent that we hope to overturn."
The group's case is based on Article III of the U.S. Constitution, which establishes the principle of "separation of powers." This principle dictates that the judicial power of the United States lies in the federal courts and not in Congress.
In this case, the Center argues, "Congress violated the principle by inserting itself into an ongoing legal case brought by conservation groups over the fate of wolves in the northern Rockies."
Rodger Schlickeisen, president of the nonprofit Defenders of Wildlife, said, "While today's announcement comes as no surprise, the action taken by Congress and the Obama administration last month to strip federal protections for wolves was unwarranted and extremely disappointing. It has undermined our nation's commitment to good stewardship and sets a terrible precedent for side-stepping America's bedrock environmental laws whenever it's politically convenient to do so.
"However, wolves can still have a bright future in the Northern Rockies if states manage them responsibly as they have promised in the past. The elected leaders of Montana and Idaho, in particular, continue to assert that their states know best how to manage wildlife. Now is their chance to prove it." Full story at link
Related Articles:
U.S. Department of Interior Begins Delisting of Gray Wolves in Eight States
Washington, DC --(Ammoland.com)- On the heels of legislation passed last month with the support of the Congressional Sportsmen’s Caucus (CSC) as part of the FY 2011 budget agreement, the U.S. Fish and Wildlife Service (USFWS) announced this week that it is lifting Endangered Species Act (ESA) protections for 5,500 grey wolves in eight states in the Northern Rockies and Great Lakes and has published a proposed rule to remove gray wolves from ESA designation in the Western Great Lakes.
Groups sue to regain wolf protection
Three environmental groups joined to file a lawsuit Thursday to return federal protection to gray wolves in the Northern Rockies, arguing that politicians are deciding the fate of an endangered species.
Tuesday, December 21, 2010
Group plans suit for nationwide gray wolf recovery
The ink isn't dry on the USFWS announcement to delist Western Great Lakes wolves and another suit is being planned by animal rights activists. In its press release, the FWS noted that “wolves continue to exceed recovery goals and are no longer threatened with extinction.” The USFWS delisting proposal for delisting gray wolves will be published by April 2011. (See SAOVA Dec. 14 blog post)
Group plans suit for nationwide gray wolf recovery
Posted: Dec 21, 2010 11:15 AM by Beth Saboe (KPAX Media Center)
Updated: Dec 21, 2010 11:30 AM
An Arizona environmental group says it plans to sue the federal government for failing to develop a recovery plan for gray wolves in the lower 48 states.
The Center for Biological Diversity says a protection plan is required by the Endangered Species Act and should have been developed 30 years ago or more.
The group wants the U.S. Fish and Wildlife Service to create a national recovery plan to help existing wolves populations and return wolves to some of their historic range around the country.
"Wolves are an integral part of this country's natural history and need a national recovery plan now," said Noah Greenwald, endangered species director at the Center.
According to the notice filed with the Interior Department, the government has 60 days to act or the Center will sue.
"It is time for the U.S. Fish and Wildlife Service to chart a new course for wolf recovery," said Greenwald. "This plan is badly needed to establish new goals and management for existing wolf populations and as a blueprint for establishing wolves in additional areas."
According to a press release from the Center, a national recovery plan could specify a legally defensible path for truly recovering wolves and provide certainty for states that have wolf populations.
Group plans suit for nationwide gray wolf recovery
Posted: Dec 21, 2010 11:15 AM by Beth Saboe (KPAX Media Center)
Updated: Dec 21, 2010 11:30 AM
An Arizona environmental group says it plans to sue the federal government for failing to develop a recovery plan for gray wolves in the lower 48 states.
The Center for Biological Diversity says a protection plan is required by the Endangered Species Act and should have been developed 30 years ago or more.
The group wants the U.S. Fish and Wildlife Service to create a national recovery plan to help existing wolves populations and return wolves to some of their historic range around the country.
"Wolves are an integral part of this country's natural history and need a national recovery plan now," said Noah Greenwald, endangered species director at the Center.
According to the notice filed with the Interior Department, the government has 60 days to act or the Center will sue.
"It is time for the U.S. Fish and Wildlife Service to chart a new course for wolf recovery," said Greenwald. "This plan is badly needed to establish new goals and management for existing wolf populations and as a blueprint for establishing wolves in additional areas."
According to a press release from the Center, a national recovery plan could specify a legally defensible path for truly recovering wolves and provide certainty for states that have wolf populations.
Tuesday, December 14, 2010
Feds may delist wolves in 2011
U.S. Interior Department officials have pledged to members of Congress that the eastern timber wolf will be removed from the endangered species list sometime in 2011, though the move would still face legal scrutiny.
By: John Myers, Duluth News Tribune
U.S. Interior Department officials have pledged to members of Congress that the eastern timber wolf will be removed from the endangered species list sometime in 2011, though the move would still face legal scrutiny.
The pledge went to U.S. Sen. Amy Klobuchar on Thursday after she and other members of Minnesota’s congressional delegation had been pressuring the Interior Department to take action.
It’s the latest update in a decades-long saga over how wolves should be managed in the western Great Lakes.
In a letter to Klobuchar dated Dec. 9, Thomas Strickland, assistant Interior secretary for fish, wildlife and parks, pledged a proposal would be made public in April and that a new rule on wolf management could be final by the end of 2011.
“We now have a timetable that we didn’t have before,” said Georgia Parham, U.S. Fish and Wildlife Service spokeswoman.
But agency officials cautioned that the proposal first must pass scientific review, be biologically credible and be subject to public comment. The end result would return management of wolves to state and tribal wildlife agencies and is the next step needed for states to allow trapping and hunting of wolves as they see fit.
There are about 3,200 wolves in Minnesota and about 700 each in Wisconsin and Michigan’s Upper Peninsula — many more than federal officials expected when the animal first received federal protection in 1974.
Full story at link
Related articles:
Black Bear Blog. In Wolf Wars The Divide Widens
By: John Myers, Duluth News Tribune
U.S. Interior Department officials have pledged to members of Congress that the eastern timber wolf will be removed from the endangered species list sometime in 2011, though the move would still face legal scrutiny.
The pledge went to U.S. Sen. Amy Klobuchar on Thursday after she and other members of Minnesota’s congressional delegation had been pressuring the Interior Department to take action.
It’s the latest update in a decades-long saga over how wolves should be managed in the western Great Lakes.
In a letter to Klobuchar dated Dec. 9, Thomas Strickland, assistant Interior secretary for fish, wildlife and parks, pledged a proposal would be made public in April and that a new rule on wolf management could be final by the end of 2011.
“We now have a timetable that we didn’t have before,” said Georgia Parham, U.S. Fish and Wildlife Service spokeswoman.
But agency officials cautioned that the proposal first must pass scientific review, be biologically credible and be subject to public comment. The end result would return management of wolves to state and tribal wildlife agencies and is the next step needed for states to allow trapping and hunting of wolves as they see fit.
There are about 3,200 wolves in Minnesota and about 700 each in Wisconsin and Michigan’s Upper Peninsula — many more than federal officials expected when the animal first received federal protection in 1974.
Full story at link
Related articles:
Black Bear Blog. In Wolf Wars The Divide Widens
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