I talk a lot, so I'm going to ask a question and then listen, because you lived this; in your honest opinion do you think we have put our best foot forward on these management/delisting plans for these species?
I have a close relationship with an individual who is a environmental attorney and when this wolf delisting occurred said, they will be sued, they will lose, and these are the reasons and they nailed it.
Yes, I do feel we have put our best foot forward. I think it far exceeded what was expected or anticipated.
The steps forward were what was asked of locals. At that time, in the minds of many making those huge requests, they were comfortable locals would never make such drastic accommodations and thus we would never meet the delisting criteria. Some of them voiced that they had set the bar so high that delisting would never to be achieved.
Well, here we are; the requests have been met. The bluff has been called by the strong actions locals have taken to accommodate species.
There is a practical reality of living on these landscapes. The locals, to varying degrees, pay the price asked of those completely unaffected.
Your attorney friend is correct that there will be continual litigation, as the ESA, the recovery plans, and the ever-changing landscape and climate is impossible/impractical to satisfy every judicial eye. We could see it coming, and not for reasons related to the health of GBs or wolves. And talking to others heavily involved, they know there are many other technical area where a challenge could likely succeed. Perfection is expected of locals, the USFWS, and state wildlife plans. Perfection in this fast changing imperfect world is impossible, even if all conditions exist for robust GB and wolf populations.
So, we will continue to see litigation based on legal technicalities and the emerging or changing conditions, none of which change the overall picture that these species are in good health. That is where we find ourselves and those with the levers of power to abuse the current system have every short-term incentive to do so. And thus they will.
It brings forth the obvious - these lawsuits, based on immense technical complexities causing judges to make interpretations of law and words, will continue no matter how many of these animals exist on the landscape. The perverted incentives caused by some of our other laws exempts many litigators from financial or personal liability that normally come from litigation in other aspects of our society.
The GBs and wolves are in better shape now than at any time in my lifetime. And not due to the litigators, rather due to some great scientists and biologists, along with locals committed to restore species they also have a high concern for. So long as this dynamic exists and all the levers of power are given to litigators, count me out for any future reintroductions until such changes. Twenty-five years of being heavily involved and trusting that the system would/could work have shown me otherwise.
I wish it was different.