9th Circuit Court of Appeals Supports Delisting of Wolves in Northern Rockies

[huntrights]

News from Big Game Forever:

"Big, Big News.

30 minutes ago, we found out that we have won in court when it comes to wolves and wolf delisting.  The ruling by the 9th Circuit Court of Appeals in San Francisco clearly supported the legality of the Congressional action to delist wolves in the Northern Rockies.  The opinion, written by Judge Schroeder, dated March 14, 2012, ruled that Section 1731 (the wolf bill) was constitutional and that this action by Congress to delist wolves in the Northern Rockies was fully legal.  This is a huge victory for wildlife conservation and will allow wolf management to continue in Montana and Idaho.  It also protects Wyoming's legal victory and leaves the door open for a Wyoming delisting later this year.

As many of you are aware, Big Game Forever and other conservation organizations, including partner organizations Sportsmen for Fish and Widllife and Mule Deer Foundation are parties to this litigation.
 
Detailed Analysis

This particular legal challenge attacked various aspects of the constitutionality of the wolf bill in Congress.  This particular case began last year in Judge Molloy's court in the Western District of Montana.  Judge Molloy ruled that Congress has full authority to amend its own laws, including the Endangered Species Act, and that the delisting by Congress was constitutional.  The case was appealed to the 9th circuit, where the constitutionality of Section 1731 was once again challenged.  The court also ruled that Congress did amend the endangered species act through this action to the extent it was inconsistent with the Congressional delisting language.  While it is entirely possible that this case may be appealed to the Supreme Court, the victories at the district court level and at the 9th circuit are a great sign.  We have believed throughout this process in the strength of our position and the legal arguments supporting that position.  To this point, the courts have agreed with our position.

Here is a quote from the ruling:

 Appellants’ arguments that Section 1713 is a repeal rather than an amendment must fail for a similar reason. Congress did not repeal  any part of the ESA. Rather, Congress effectively provided that no statute, and this must include the ESA, would apply to the 2009 rule.  Congress thus amended the law applicable to the agency action.
 
 Appellants also contend that the meaning and effect of the 2009 Rule as reissued under Section 1713 are unclear, and that ambiguity  prevents the court from finding an amendment. We cannot agree. The meaning and intended effect of Section 1713 are perfectly clear.  The partial delisting was to take effect within 60 days, with no court review or interference....
 
 ...Finally, we observe that while Section 1713 bars judicial review of the reissuance of the 2009 Rule, the 2009 Rule does provide standards
 by which the agency is to evaluate the continuing viability of wolves in Montana and Idaho. See, e.g., 74 Fed. Reg. 15,123 at 15,186.
 Review of any regulations issued pursuant to the Rule or of agency compliance with the standards, does not appear to be restricted.
 Section 1713 itself, however, ordering the Rule to issue without regard to the laws that might otherwise apply, is entitled to be enforced.
 
The bottom line is that once again, the courts have ruled in favor of wolf delisting.  Wolf management will continue in the Northern Rockies by state fish and game agencies including regulated hunting by sportsmen.
 
Thank you for your ongoing support.  We will continue to keep you apprised of developments as they arise.
 
A great victory for healthy wildlife populations and for our outdoor heritage.
--
Ryan Benson
http://biggameforever.org/
ryandbenson@msn.com"

[pianoman9701]

This is the most liberal circuit court in the country. I'm so glad they ruled this way, and am shocked, as well.

[sebek556]

  

[GrainfedMuley]

Can somebody PLEASE send this to WDFW right now. Start a Washington wolf season THIS fall.   

[buckfvr]

some how, some where along the line, someones eyes must have popped open along with their ears......

[bearpaw]

 

[buckhorn2]

Hope this one can;t be overturned.

[400out]

  economics wins! Money talks in this country!  hope it snow balls from here!

[huntrights]

Similar notice from the Rocky Mountain Elk Foundation (RMEF):


"FOR IMMEDIATE RELEASE
March 14, 2012
________________________________________
CONTACT: Steve Wagner, Blue Heron Communications, 800-654-3766 or steve@blueheroncomm.com
________________________________________
Ninth Circuit Court Upholds
Congressional Wolf Delisting
MISSOULA, Mont.—The Ninth Circuit Court of Appeals today affirmed the constitutionality of Congress’ removal of wolves from the federal endangered species list.

The Rocky Mountain Elk Foundation applauded the decision.

Attorneys representing RMEF and other conservation groups had presented oral arguments supporting the Congressional action, wolf delisting and science-based, state-regulated management and control of wolf populations.

“This is a huge win for real wildlife management in the U.S.,” said David Allen, RMEF president and CEO. “We’re thrilled with the favorable ruling because it upholds the law as well as science and common sense. This decision helps clear the way for continued work by true conservationists to balance wolf populations with other wildlife and human needs.”

Allen suspects the plaintiffs will appeal their case to the U.S. Supreme Court.

He said, “I’m hopeful that a Congressional act, multiple courtroom defeats and an American public that is clearly tired of this legal wrangling will encourage our opponents to give up and cede responsible wolf management to conservation professionals in each state. But we’ll have to wait and see.”

RMEF continues to fight wolf lawsuits and support delisting legislation at both federal and state levels."

Keep your eyes and ears open to watch for opportunities to support these efforts.

[et1702]

I just saw a similar post from RMEF about the ruling.  GREAT NEWS!

[pianoman9701]

Do not think this will have any positive affect on our WA wolf plan. It will not unless there's an act of our state Congress to overturn it, and don't plan on that happening anytime soon.

[cmiller85]

Do not think this will have any positive affect on our WA wolf plan. It will not unless there's an act of our state Congress to overturn it, and don't plan on that happening anytime soon.

Yea. This just gives the states the authority to manage their own wolves responsibly. It doesn't mean each state will. The good news is that hopefully by the time WA is eaten alive by wolves Montana and Idaho will have recovered.

[D-Rock425]

Great news