I've spent a couple hours reading the decision and was lucky to get the benefit of some attorneys who have been involved in much of this since the beginning. Here is what I take away from that.
I preface this by stating the obvious - Wyoming has become viewed as the lowest hanging fruit for these litigants; in essence the weakest link in the defense of state management. As such, Wyoming will most likely be the target of lawsuits aimed at changing state control of wolves. Just part of the situation all knew would happen when strategies were adopted by the three states.
The lawsuit has four main complaints:
1. Wolves are still threatened and endangered.
2. Wolves are at risk due to lack of genetic connectivity.
3. Wyoming allowing wolves to be treated as a predator in some areas does not meet the ESA requirements of protections over a significant part of the species range.
4. Wyoming’s regulatory mechanism, as currently stated and adopted to insure a particular number of wolves, are inadequate and represent a non-binding promise.
The court ruled in favor of the USFWS, in our favor, on items 1, 2, and 3. That is all good news for those of us who want wolves to be managed by the states.
The court ruled in favor of the plaintiffs on item 4; the least important of all the issues. Most attorneys would call # 4 a technicality, in that it can be easily fixed and does not change the data and facts used in the case.
Yeah, it sucks that a technicality is being used to try stop WY from their existing wolf hunts. But, the judge did rule on some important issues and found them to be in favor of the USFWS and stops any additional law suits on those grounds.
• The screwballs lost their claim that there is not genetic connectivity and therefore the USFWS rulings are incorrect. That is big. In the past there was a worry that they would try this route as a separate law suit. This judge has tossed out that claim and ruled in favor of the USFWS.
• The screwballs lost their claim that the wolves are “threatened or endangered” throughout a significant portion of their range. The judge ruled the wolves are not threatened or endangered.
• The screwballs lost their claim that Wyoming classifying some areas of marginal wolf habitat as a “Predator Zone” represents a violation of the ESA. The court ruled the USFWS was correct in finding the Predator Zone represents marginal wolf habitat and that area is not large enough to represent a “significant portion” of the wolf range.
From all of that, WY loses management control until they correct #4. That is easy to correct and all reports are that they are doing that today. I suspect they will take the steps necessary to codify that which the court found to be non-binding. And if they do that, I suspect they will ask for a stay of the order granted.
These plaintiffs, the serial litigators, spend a lot of their ammo to prevail on one small technicality.
Why would they do that? Because they make money at it.
They make money from donations, and since they prevailed on a slight technicality, the US Government will be responsible for reasonable attorney fees to them under the Equal Access to Justice Act (EAJA).
These decisions make it very obvious that reform of the EAJA must happen and happen soon. EAJA was designed to protect Grandma from the Federal Government. You must have net assets below some level to qualify. That was to prevent wealthy entities from suing the Government and getting reimbursed.
Yet, the EAJA has an exemption for non-profit groups. These plaintiffs have hundreds of millions in net worth and they will get paid more than they incurred in legal expenses. Time to change the EAJA and stop this craziness.
Wyoming will eventually prevail. Just a pain in the butt to get there.
On the bright side, the wingnuts shot a lot of ammo to get very little in return. They just lost one of their big bullets about genetic connectivity. They lost a big issue that a Predator Zone would be considered a "significant portion" of the recovery area. They lost the big picture notion that wolves are "threatened and endangered."
If WY can get the regulatory mechanism fixed and address the issue that was lost in this decision, there is a good chance they can go on with the substance of their plan as approved by the USFWS; albeit with some more teeth to the regulations they must adhere to in maintaining state population minimums.
Personally, I think the wingnuts are window dressing their enthusiasm about this decisions. Privately, behind the curtains, I think they are back to fighting among each other, questions why they would burn so much of their capital to get such marginal results.
Yeah, they got hunting in WY delayed for a period of time. They always claim victory when that happens. Yet, they know they are getting real low on ammo. They took a run at the weakest spot in the entire wolf management issue and all they could come away with was a technicality.
Call me too much of an optimist, but I don't see this as the end of the world. I see this as a chance to bury the bastards once and for all.
And if nothing else, I hope it opens the eyes of people as to how ripe with abuse the EAJA is. Reform of that legislation, as well intended as it was, needs to be a primary focus.
