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DEFENDERS OF WILDLIFE v. SALAZAR

ID, MT
Issue: Whether the U.S. Fish and Wildlife Service may delist a species when previously established recovery standards have been met?

Plaintiffs: Defenders of Wildlife; Natural Resources Defense Council; Sierra Club; Humane Society of the United States; Center for Biological Diversity; Jackson Hole Conservation Alliance; Friends of the Clearwater; Alliance for the Wild Rockies; Oregon Wild; Cascadia Wildlands; Western Watersheds Project; Wildlands Project; Hells Canyon Preservation Council; Greater Yellowstone Coalition

Defendants: Kenneth L. Salazar, Secretary, U.S. Department of the Interior; Rowan Gould, Acting Director, U.S. Fish and Wildlife Service (FWS); FWS

Intervenors: Montana Farm Bureau Federation, Idaho Farm Bureau Federation, and Mountain States Legal Foundation (Farm Bureaus)

Court: U.S. District Court for the District of Montana, Missoula Division (Nos. 09cv77, 09cv82)

Status: Briefing on Defenders' motion for summary judgment and on cross-motions for summary judgment of the federal government and defendant-intervenors was completed on January 28, 2010.

Next Event: Oral argument on summary judgment motions June 15, 2010, in Missoula

History: The gray wolf (Canis lupus) once roamed the northern Rocky Mountain region of the United States; however, due to their predation on livestock, the federal government authorized their killing; by 1930 wolves had been almost eliminated in the region. In 1973, the FWS listed the Northern Rocky Mountain Wolf (Canis lupus irremotus) as “endangered,” and in 1978, it listed the gray wolf as “endangered” in the lower 48 States, except Minnesota, where it was listed as “threatened.” In 1994, the FWS captured wolves in Canada, imported them into the United States, and released them in the Yellowstone and central Idaho areas. By 2002, the wolf population had achieved its numerical, distributional, and temporal recovery goals, and the FWS began its delisting process.

In January 2004 and in July 2007, the FWS determined that the States of Montana, Idaho, and Wyoming had wolf management plans that would maintain viable wolf populations. Thus, in February 2008, the FWS identified the Northern Rocky Mountain Distinct Population Segment of gray wolf and removed it from the list of threatened and endangered species. In April 2008, environmental groups sued seeking a preliminary injunction to prevent the FWS from delisting the wolf, which was granted in July 2008. In October 2008, the court vacated the final delisting rule as well as the FWS determination as to Wyoming and remanded it to the FWS. In October 2008, the FWS reopened the comment period for the vacated rule. MSLF filed comments on November 25, 2008. On April 2, 2009, the FWS issued its rule to delist the wolf in Montana and Idaho.

On June 2, 2009, environmental groups, led by Defenders of Wildlife, again filed suit, and on June 10, 2009, the Greater Yellowstone Coalition filed a second lawsuit, and on June 12, 2009, the cases were consolidated. On June 24, 2009, MSLF filed a motion to intervene on behalf of Montana Farm Bureau Federation, Idaho Farm Bureau Federation, and MSLF. On June 30, 2009, the Court granted permissive intervention to the Farm Bureaus.

On August 20, 2009, Defenders filed a motion for preliminary injunction to reinstate ESA protections for gray wolves in the northern Rockies in that Idaho’s wolf hunt commences September 1, 2009, and Montana’s wolf hunt commences September 15, 2009. On August 31, 2009, a hearing on the motion for preliminary injunction was held, and on September 8, 2009, the Court denied the motion.




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