Molloy asked whether the 10(j) rule is even applicable
Parties to the lawsuit challenging the changes made to the 10(j) rule for the experimental, non-essential populations of wolves in Central Idaho and the Greater Yellowstone filed their arguments yesterday. At issue now are not the changes made to the 10(j) rule in 2008 which ease restrictions for killing wolves, but whether or not the 10(j) rule even applies anymore. Judge Molloy questioned the litigants about whether a 10(j) rule was justified because wolves from both the Central Idaho and the Greater Yellowstone populations have essentially become one population with those of Northwest Montana and Northern Idaho north of I-90 which are nonexperimental.
The ESA makes it clear that the 10(j) provisions only apply to populations that are “wholly separate geographically from nonexperimental populations of the same species”.
(j) EXPERIMENTAL POPULATIONS.—(1) For purposes of this subsection, the term “experimental population” means any population (including any offspring arising solely therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the population is wholly separate geographically from nonexperimental populations of the same species.
Feds, environmental groups file arguments on wolf recovery with Molloy.
By ROB CHANEY of the Missoulian
Added – Copies of the Briefs ~ be :