collapse

Advertisement


Author Topic: Amendment delisting gray wolves faces court challenge Tuesday  (Read 2698 times)

Offline jackelope

  • Administrator
  • Trade Count: (+29)
  • Legend
  • *****
  • Join Date: Mar 2007
  • Posts: 50154
  • Location: Duvall, WA
  • Groups: jackelope
The congressional rider removing gray wolves from Endangered Species Act protection faces a court challenge in Missoula on Tuesday.

The Alliance for the Wild Rockies, Center for Biological Diversity, Friends of the Clearwater and WildEarth Guardians together claim Congress violated the U.S. Constitution's separation of powers doctrine when it ordered the wolf delisted and blocked future court review of that decision.

In response, attorneys for Interior Secretary Ken Salazar say Congress has frequently rewritten laws to get around court rulings, and courts have endorsed the practice.

U.S. District Judge Don Molloy will hear both sides' arguments for summary judgment on Tuesday at 9:30 a.m. in his Missoula courtroom. Center for Biological Diversity attorney Christopher Karr said each side will have an hour to make its claims.

Last August, Molloy ruled the U.S. Fish and Wildlife Service acted improperly by delisting wolves in Montana and Idaho but not Wyoming. He said the Endangered Species Act didn't allow such political boundaries to determine how a free-roaming species is managed.

In April, Congress passed a rider to its appropriations bill co-written by Sens. Jon Tester, D-Mont., and Mike Simpson, R-Idaho, directing the agency to reissue its 2009 wolf delisting order. Montana and Idaho wildlife authorities now manage wolves in those states, and have authorized wolf hunting seasons for this fall.

In their court filings, pro-wolf attorney Karr argued that the congressional rider was "the only time, in the ESA's nearly 40-year history, that Congress has legislatively delisted a species." That maneuver unconstitutionally interferes with the judicial branch's power to review congressional action and forces a court decision without changing the underlying law, he claimed.

In response, federal government attorney Ignacia Moreno cited numerous other examples where Congress passed laws that prohibited further judicial review.

"(N)othing ... precludes Congress from effectively pre-ordaining results in pending litigation by shifting the legal goalposts when the evidentiary football has come to rest," Moreno wrote. And while the rider didn't explicitly amend the Endangered Species Act, Moreno said it did legally change the way the act manages "a subset of a particular species, in particular regions."

The wolf advocates want the rider declared unconstitutional and the gray wolf returned to federal protection in Montana and Idaho.

http://missoulian.com/news/local/article_56bc76ea-b675-11e0-867b-001cc4c002e0.html?mode=story

:fire.:

" In today's instant gratification society, more and more pressure revolves around success and the measurement of one's prowess as a hunter by inches on a score chart or field photos produced on social media. Don't fall into the trap. Hunting is-and always will be- about the hunt, the adventure, the views, and time spent with close friends and family. " Ryan Hatfield

My posts, opinions and statements do not represent those of this forum

Offline sebek556

  • Trade Count: (0)
  • Frontiersman
  • *****
  • Join Date: May 2011
  • Posts: 2603
  • Location: ne,wa
Re: Amendment delisting gray wolves faces court challenge Tuesday
« Reply #1 on: July 25, 2011, 09:20:32 PM »
and soon to be added to the list washington.. how they get thrown out of court but sound like they found a judge with a nice big shoulder to cry on.. :bash:

Offline WAcoyotehunter

  • Washington For Wildlife
  • Trade Count: (+5)
  • Frontiersman
  • *****
  • Join Date: Apr 2007
  • Posts: 4457
  • Location: Pend Oreille County
Re: Amendment delisting gray wolves faces court challenge Tuesday
« Reply #2 on: July 26, 2011, 01:19:32 PM »
anyone know where to look for up to date information on this?  I'm curious to hear how it's going/went?? 

http://m.billingsgazette.com/mobile/article_8aed19c1-af49-59a4-90fe-7ed71d5ff4f2.html

Offline bearpaw

  • Family, Friends, Outdoors
  • Administrator
  • Trade Count: (+10)
  • Legend
  • *****
  • Join Date: Apr 2009
  • Posts: 38438
  • Location: Idaho<->Colville
  • "Rather Be Cougar Huntin"
    • http://www.facebook.com/DaleDenney
    • Bearpaw Outfitters
  • Groups: NRA, SCI, F4WM, NWTF, IOGA, MOGA, CCOC, BBB, RMEF, WSTA, WSB
Re: Amendment delisting gray wolves faces court challenge Tuesday
« Reply #3 on: July 26, 2011, 02:00:56 PM »
check out my post... good and bad...
Americans are systematically advocating, legislating, and voting away each others rights. Support all user groups & quit losing opportunity!

http://bearpawoutfitters.com Guided Hunts, Unguided, & Drop Camps in Idaho, Montana, Utah, and Wash. Hunts with tags available (no draw needed) for spring bear, fall bear, bison, cougar, elk, mule deer, turkey, whitetail, & wolf! http://trophymaps.com DIY Hunting Maps are also offered

Offline 6x6in6

  • Trade Count: (0)
  • Frontiersman
  • *****
  • Join Date: Dec 2007
  • Posts: 3593
  • Location: Bellingham, WA
Re: Amendment delisting gray wolves faces court challenge Tuesday
« Reply #4 on: July 26, 2011, 02:56:56 PM »
Malloy's gonna sleep on it for a day or two before ruling.  :rolleyes:
The term's "in his sleep" tied together with "natural causes" comes to mind.   :chuckle:
http://missoulian.com/news/local/article_5a6e734a-b780-11e0-9c31-001cc4c03286.html?mode=story

Offline Huntnphish

  • Trade Count: (0)
  • Hunter
  • ***
  • Join Date: Dec 2008
  • Posts: 171
Re: Amendment delisting gray wolves faces court challenge Tuesday
« Reply #5 on: July 26, 2011, 03:15:25 PM »
 Would anyone be surprised to find out that Malloy was a distant relative to George Boldt?

 


* Advertisement

* Recent Topics

WDFW's new ship by Crunchy
[Today at 06:37:45 AM]


Please Report Problems & Bugs Here by MADMAX
[Today at 06:15:11 AM]


Cougar Problems Toroda Creek Road Near Bodie by Elkaholic daWg
[Today at 06:10:59 AM]


Resetting dash warning lights by Happy Gilmore
[Yesterday at 09:14:51 PM]


Fawn dropped by birdshooter1189
[Yesterday at 09:13:59 PM]


Heard of the blacktail coach? by millerwheeler
[Yesterday at 08:40:48 PM]


Wolf documentary PBS by Roslyn Rambler
[Yesterday at 07:56:34 PM]


New York deer by MADMAX
[Yesterday at 07:38:44 PM]


Halibut fishing by hiway_99
[Yesterday at 05:48:13 PM]


Unknown Suppressors - Whisper Pickle by Sneaky
[Yesterday at 04:41:08 PM]


KIFARU packs on sale by BigJs Outdoor Store
[Yesterday at 02:30:41 PM]


DIY Ucluelet trip by Happy Gilmore
[Yesterday at 08:48:54 AM]


Alaska Fishing Guide and Lodge Recommendations by CaNINE
[Yesterday at 04:14:32 AM]


Anybody breeding meat rabbit? by jackelope
[May 29, 2025, 10:02:50 PM]


Survey in ? by metlhead
[May 29, 2025, 09:35:57 PM]


Colorado Results by cem3434
[May 29, 2025, 08:35:51 PM]


NEED ADVICE: LATE after JUNE 15th IDAHO BEAR by Sliverslinger
[May 29, 2025, 08:31:23 PM]


What's flatbed pickup life like? by Special T
[May 29, 2025, 05:52:28 PM]


Oregon spring bear by Fidelk
[May 29, 2025, 04:58:27 PM]

SimplePortal 2.3.7 © 2008-2025, SimplePortal