Ninth Circuit appeals court upholds wolf delisting, injunction also denied

The U.S. Ninth District Court of Appeals last week upheld the delisting of gray wolves from the Endangered Species Act and allowed the hunting of wolves in Montana and Idaho to continue.

Last year, Congress amended the ESA to allow delisting of wolves in Montana and Idaho. A host of environmental groups, in turn, sued the U.S. Fish and Wildlife Service, claiming the change in the law was unconstitutional because it violated the separation of powers. Congress, they argued, was telling the courts how to rule in the ongoing dispute of wolf delisting and recovery in the West.

A lower court ruled that Congress was within its bounds, and the appellate court agreed. The Ninth Circuit ruling, written by Justice Mary M. Schroeder, said Congress in effect changed the ESA and didn’t merely dictate a result in pending litigation.

The environmental groups sought an injunction to stop wolf hunts while it argued against delisting. That injunction was also denied.

Sen. Jon Tester, who co-sponsored the amendment to delist wolves, applauded the ruling.

“This decision is right for Montana because Montana’s wolves are recovered, and they must be managed like other wildlife,” Tester said. “My law is bipartisan, science-based and welcomed by conservationists, hunters and ranchers. I’m pleased the courts agree it’s constitutional.”

Michael Robinson, of The Center for Biological Diversity, disagreed.

“Congress set a terrible precedent by passing this backdoor rider that took away protection from wolves,” he said. “Scientists, not politicians, need to decide which species need protection. That’s the law. And that’s what makes sense if we’re going to save animals and plants from extinction.”

The environmental group was one of five plaintiffs in the case. The others were the Alliance for the Wild Rockies, Friends of the Clearwater, Wildearth Guardians, Cascadia Wildlands and Western Watershed Project.