Molloy denies wolf settlement

Says that the agreement is illegal

Today Montana District Court Judge Donald Molloy denied the settlement agreement put forth by 10 of the 14 environmental groups who sued to keep wolves protected under the Endangered Species Act.  The settling parties had asked the judge to set aside his previous ruling which found that the USFWS 2009 delisting rule was illegal because it split the distinct population segment (DPS) of wolves in the Northern Rockies and left them listed in Wyoming.  The Endangered Species Act does not allow the USFWS to partially delist a DPS.

“[The] District Court is still constrained by the “rule of law.” No matter how useful a course of conduct might be to achieve a certain end, no matter how beneficial or noble the end, the limit of power granted to the District Court must abide by the responsibilities that flow from past political decisions made by the Congress. The law cannot be ignored to accommodate a partial settlement. The rule of law does not afford the District Court the power to decide a legal issue but then at the behest of some of the litigants to reverse course and permit what the Congress has forbidden because some of those interested have sensibly, or for other reasons, decided to lay a dispute to rest.”

Order Denying Indicative Relief Motion

Budget bill pending before Congress would remove wolves from endangered list

Well, they’ve done it. They’ve reached an agreement to keep language in the upcoming budget bill which would delist wolves everywhere in the Northern Rockies except Wyoming. (Added to clarify what has happened)

While this process doesn’t immediately delist wolves, it cannot be challenged. It is unclear exactly what the language says but presumably wolves in the Northern Rockies will be delisted in all but Wyoming as previous wording has indicated. Previous language mandates the US Fish and Wildlife Service to republish the rule which delisted wolves in 2009. It does not preclude a petition to relist wolves if their populations become endangered again. The delisting rule still holds the states of Idaho and Montana to their management plans but it seems that, with the most recent “wolf disaster declaration” that they don’t intend to allow more than 100 wolves to persist in the state.

Also, the recent settlement agreement, as some have previously indicated, will likely provide political cover to the USFWS to accept Wyoming’s management plan with little or no changes. It seems that wolves are facing dark days ahead.

Here is the previous language, “SEC. 1709. Before the end of the 60-day period beginning on the date of enactment of this division, the Secretary of the Interior shall reissue the final rule published on April 2, 2009 (74 Fed. Reg. 15123 et seq.) without regard to any other provision of statute or regulation that applies to issuance of such rule. Such re-issuance (including this section) shall not be subject to judicial review.

Budget bill pending before Congress would remove wolves from endangered list.
Matthew Brown – Associated Press

To clarify, the language has not been passed yet.  It was not included in the short term budget agreement which funds the government for the next several days but, rather, will be included in the long term budget bill which is being written and will be posted for review for three days as House rules require.