December 13, 2018

Federal Judge in Washington, D.C. Puts GI Wolves Back Under GI Protection

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I could say I told you so but that wouldn’t amount to anything.

This move, believable within the rigged system we are all a slave to, should come as no surprise. Perhaps, and there’s a reason to use the word “perhaps,” had the slimy politics of some, joining forces with Harry Reid and his rigged system, included Wyoming in their corrupt politics of dealing with wolves through budget bill riders, this lawsuit would not have happened. But I suppose, for some, when in Rome, they must do what Romans do.

Regardless, there is no cure. The only possible cure is a dismantling and rewriting of the Endangered Species Act, along with the Equal Access to Justice Act, but then again, within this corrupt totalitarian socialist state of slavery that we have all eagerly entered into, a rewriting would never solve the problem and would only make matters worse.

Perhaps the best solution is no solution at all. Let those who think they are protecting wolves have their way and then we will see.

I have not had time to read and study the ruling of Judge Amy Berman Jackson, but I will provide a link to the ruling and the order, along with a summary of the judgement.

MEMORANDUM OPINION

This case concerns the government’s decision to remove the gray wolf in Wyoming from the endangered species list. Plaintiffs Center for Biological Diversity, Defenders of Wildlife, Fund for Animals, Humane Society of the United States, Natural Resources Defense Council, and Sierra Club, in this consolidated case, challenge the September 30, 2012 decision of the United States Fish and Wildlife Service (“FWS” or “the Service”) to remove the wolves from the list under the Endangered Species Act (“ESA” or “the Act”). See Final Rule: Removal of the Gray Wolf in Wyoming from the Federal List of Endangered and Threatened Wildlife, 77 Fed.Reg. 55,530 (Sept. 10, 2012) (“the 2012 rule”). The 2012 rule transferred management of the gray wolf in Wyoming from federal control to state control. Id.

Plaintiffs have moved for summary judgment, and they maintain that the decision was arbitrary and capricious because Wyoming’s regulatory mechanisms are inadequate to protect the species, the level of genetic exchange shown in the record does not warrant delisting, and the gray wolf is endangered within a significant portion of its range. Pls.’ Mot. for Summ. J. [Dkt. # 48] (“Pls.’ Mot.”) and Pls.’ Mem. of P. & A. in Supp. of Mot. for Summ. J. [Dkt. # 48-1] (“Pls.’ Mem.”).

The Court will grant plaintiffs’ motion for summary judgment in part and deny it in part and remand the matter back to the agency because it finds that the Service could not reasonably rely on unenforceable representations when it deemed Wyoming’s regulatory mechanisms to be adequate. Given the level of genetic exchange reflected in the record, the Court will not disturb the finding that the species has recovered, and it will not overturn the agency’s determination that the species is not endangered or threatened within a significant portion of its range. But the Court concludes that it was arbitrary and capricious for the Service to rely on the state’s nonbinding promises to maintain a particular number of wolves when the availability of that specific numerical buffer was such a critical aspect of the delisting decision.

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