I read through it. Molloy writes a great deal about DPSs and “significant portion of a range,” but I got a bit confused. Anyway, he vacated the delisting in a summary judgment and remanded the matter for further consideration to the agency. It’s clear from subsequent events that “the agency’s” reconsideration is going be deliberately slow and ineffective, and as Hoskins indicates below, they will appeal it to the Ninth Circuit.
The FWS didn’t help itself by filling the media full of complaints about Molloy’s original decision to relist, calling it misguided and ignorant. Same thing at the YGCC meeting in Jackson two weeks ago.
If you read the latest decision, you can tell from the pre-emptory tone of expression that Molloy wasn’t amused by all the anti-relisting publicity the feds were putting out about how he didn’t know what he’s talking about.
While you expect that kind of thing from the State of Wyoming about federal court decisions, it was a little over the top for a federal agency.
At the YGCC meeting, Chris Servheen said they hadn’t made a decision about appealing to the 9th Circuit if Molloy ruled against the FWS; no doubt they were expecting a contrary decision–and they got what they expected. It appears they’re going to wait for the Idaho decisions on grizzlies before deciding about appealing to the 9th.
Perhaps they’ll decide to obey the law for once. For one thing, they’re going to have to designate critical habitat. We’ll see.