WildEarth Guardians

Saturday, May 30, 2015
Feds Prevail in Constitutional Fight Over Wolves

Northern Rockies Wolves to be Delisted under Endangered Species Act
Contact: Jay Tutchton (720) 301-3843

Other contact:   Mike Garrity, Director, Alliance for the Wild Rockies * 406/459-5936

Missoula, MT – The U.S. District Court in Montana has upheld a congressional rider that ordered the U.S. Fish and Wildlife Service to delist the gray wolf in Montana, Idaho, and portions of Utah, Washington, and Oregon. Congress’ mandate contravened a judicial decision that retained wolves on the endangered species list. Alliance for the Wild Rockies, Friends of the Clearwater, and WildEarth Guardians sued to overturn Congress’ action both to preserve wolves and the Separation of Powers Doctrine in the U.S. Constitution.

“I'm disappointed with the result today, but we will review our options and press on with our efforts to protect the wolf from intemperate state management plans however we can,” said Jay Tutchton, General Counsel for WildEarth Guardians.

The groups contended that the delisting rider violated the U.S. Constitution, as it specifically repealed a judicial decision that struck down a federal rule to delist wolves in the Northern Rockies. Judge Donald Molloy upheld the rider passed by Congress in April, though only reluctantly so.

"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.

Wolves will now be delisted in accordance with the federal rule.

“This is bad news for wolves and most wolves will now be killed in the northern Rockies,” said Mike Garrity, director of Alliance for the Wild Rockies. “We will consult with our attorneys and decide if we will appeal the judge's decision to the Ninth Circuit."

Wolves in the northern Rockies now face a calamitous future under state management. Hundreds of wolves were slated to be killed in Montana and Idaho by hunters and aerial gunning by government agents. Montana announced it will likely allow up to 220 of the 566 wolves in the state to be killed this year. In late April, Idaho passed a law declaring the gray wolf a “disaster emergency” that gives the governor broad discretion to allow wolf killing statewide. Idaho officials reportedly stated to the Lewiston Morning Tribune in May that aerial gunning of wolves in the Lolo Elk Management Zone will begin “‘with all due haste’” once the delisting rule is issued. The Lolo killing plan targets wolves for killing their native prey, elk, as does a similar plan in the West Fork area of the Bitterroot National Forest in Montana.

There has been widespread concern over the use of budget bills to enact policy riders. In a letter to President Obama, Oregon Governor John Kitzhaber wrote this spring: “A six-month budget resolution negotiated through backroom discussions is clearly the wrong vehicle to make permanent changes to significant public policy. For nearly 40 years, the Endangered Species Act has assured decisions about our nation's natural heritage are driven by science, fish and wildlife professionals, and public input. Removing protection for an endangered species by congressional mandate, much less through a budget bill, stands in unprecedented contrast to this history. This action erodes the integrity of the ESA, excludes important public involvement, and usurps the agency structure, established based on a balancing of executive and legislative branch power, that exists to undertake important decisions affecting America's wildlife.”