Submitted by Rocky Barker on Tue, 09/16/2008 - 3:12pm.
The federal government may be going back to the drawing board on delisting the gray wolf in the Northern Rocky Mountains.
Attorneys for the Bush Administration have told state attorneys and attorneys for sportsmen’s groups they plan to file a motion with U.S. District Judge Donald Molloy in Missoula seeking he remand the case to the U.S. Fish and Wildlife Service.
Molloy, if you remember, granted a preliminary injunction July 18 that will put wolves in the Northern Rockies back under federal government management. That decision meant Idaho, Montana and Wyoming will have no wolf hunting seasons this fall.
But even though Molloy issued the preliminary injunction, the case moved forward and the two sides were expected to file briefs and make their cases. If Molloy grants the feds motion it means the delisting decision would be revoked by the U.S. Fish and Wildlife Service and wolves would remain protected under the Endangered Species Act.
Molloy said the Natural Resources Defense Council and 11 other wolf advocacy groups demonstrated they would likely win the case on the merits of their arguments, Molloy said in his opinion. This decision leads one to believe that the federal government has comes to the same conclusion.
Molloy made his July decision based on the wolf advocates' claim that wolves in Yellowstone National Park were not genetically mixing with other wolf populations, as the U.S. Fish and Wildlife Service said was necessary. He also criticized the Wyoming plan, which had 90 percent of the state open for wolf killing year-round.
But Molloy said the Montana and Idaho wolf plans were good enough to protect wolves, at least as well as the federal rules in place when the wolves were delisted. The agency’s top wolf manager Ed Bangs told me shortly after the decision he was confident he could change the judge’s mind on the genetics issue.
But Wyoming’s huge wolf kill zone is hard to defend. This motion could mean the Bush administration wants to reissue the decision without Wyoming.
Or they might simply kick the issue on to the next administration.