Wolf: Ten environmental groups and the Department of Interior are asking U.S. District Court Judge Donald Molloy if he would reconsider his ruling last year that returned wolves in Montana and Idaho to the list of animals protected under the Endangered Species Act.
But at least three other groups that had joined in the wolf lawsuit say they’ll continue to pursue the case, wondering aloud why some plaintiffs “gave up” when the judge had ruled in their favor by saying that wolves can’t be considered a recovered species in two states but not in adjoining ones.
Mike Leahy, the Defenders of Wildlife’s Rocky Mountain regional director and one of the plaintiffs wanting to settle, explained that they believe the agreement will afford better protection for wolves without protracted litigation. He added that they’re not asking the judge to reconsider his ruling, but to lift its application in Idaho and Montana while the U.S. Fish and Wildlife Service puts together new delisting opportunities based on regions instead of states.
Highlights of wolf settlement:
1- Within 30 days of the agreement being approved by Judge Donald Molloy, the Department of Interior will withdraw its opinion about the danger of extinction of wolves in all or a portion of their range.
2- Within 60 days of the withdrawal of that opinion, the federal defendants will give the public an opportunity to comment on proposed interpretation of the Endangered Species Act’s term “throughout all or a significant portion of its range.” Rephrasing that term would allow wolves to be delisted in Montana and Idaho, where the states have federally approved plans to manage them, but keep them listed in adjoining states. They also would be delisted in Wyoming once that state comes up with a federally approved management plan. The new interpretation also would allow for delisting by region rather than by state.
3- The federal defendants will monitor the status of wolves in the northern Rocky Mountains for at least five years in Idaho and Montana, as well as in any geographic area covered by a delisting rule, and publish an annual report on the status and trends of the wolves.
4- The federal defendants will work with scientists to determine within four years the best way to glean information and will monitor wolf data to ensure the wolf is being managed in a way that assures the presence of a sustainable, genetically connected population.
5- The plaintiffs will dismiss with prejudice their challenges to what’s known as the “10(j) rule” within seven days of the judge’s approval of the settlement. Under that rule, wolves attacking livestock, guard animals and dogs on private land can be killed immediately. Also on public lands, those involved in grazing, guiding and outfitting can immediately kill wolves attacking their livestock or livestock herding and guarding animals. Wolves also can be shot if they’re negatively impacting elk populations.
6- The plaintiffs will not file a lawsuit challenging any delisting or reclassification rules before March 31, 2016. They also will not petition the federal government to relist wolves in the Northern Rockies for the next three years.
7- If Congress removes federal protections for wolves in the Northern Rockies, the settlement agreement becomes null and void.
But at least three other groups that had joined in the wolf lawsuit say they’ll continue to pursue the case, wondering aloud why some plaintiffs “gave up” when the judge had ruled in their favor by saying that wolves can’t be considered a recovered species in two states but not in adjoining ones.Mike Leahy, the Defenders of Wildlife’s Rocky Mountain regional director and one of the plaintiffs wanting to settle, explained that they believe the agreement will afford better protection for wolves without protracted litigation. He added that they’re not asking the judge to reconsider his ruling, but to lift its application in Idaho and Montana while the U.S. Fish and Wildlife Service puts together new delisting opportunities based on regions instead of states.
Highlights of wolf settlement:
1- Within 30 days of the agreement being approved by Judge Donald Molloy, the Department of Interior will withdraw its opinion about the danger of extinction of wolves in all or a portion of their range.
2- Within 60 days of the withdrawal of that opinion, the federal defendants will give the public an opportunity to comment on proposed interpretation of the Endangered Species Act’s term “throughout all or a significant portion of its range.” Rephrasing that term would allow wolves to be delisted in Montana and Idaho, where the states have federally approved plans to manage them, but keep them listed in adjoining states. They also would be delisted in Wyoming once that state comes up with a federally approved management plan. The new interpretation also would allow for delisting by region rather than by state.
3- The federal defendants will monitor the status of wolves in the northern Rocky Mountains for at least five years in Idaho and Montana, as well as in any geographic area covered by a delisting rule, and publish an annual report on the status and trends of the wolves.
4- The federal defendants will work with scientists to determine within four years the best way to glean information and will monitor wolf data to ensure the wolf is being managed in a way that assures the presence of a sustainable, genetically connected population.
5- The plaintiffs will dismiss with prejudice their challenges to what’s known as the “10(j) rule” within seven days of the judge’s approval of the settlement. Under that rule, wolves attacking livestock, guard animals and dogs on private land can be killed immediately. Also on public lands, those involved in grazing, guiding and outfitting can immediately kill wolves attacking their livestock or livestock herding and guarding animals. Wolves also can be shot if they’re negatively impacting elk populations.
6- The plaintiffs will not file a lawsuit challenging any delisting or reclassification rules before March 31, 2016. They also will not petition the federal government to relist wolves in the Northern Rockies for the next three years.
7- If Congress removes federal protections for wolves in the Northern Rockies, the settlement agreement becomes null and void.
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