ORDERED that the defendants’ and defendant-intervenor’s Cross-Motions for Summary Judgment are DENIED; and it is further
ORDERED that, because the rule Revising the Listing of the Gray Wolf (Canis lupus) in the Western Great Lakes (the “Final Rule”), 76 Fed. Reg. 81,666 (Dec. 28, 2011), is arbitrary and capricious and violates the Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq., the Final Rule is VACATED and SET ASIDE; and it is further
ORDERED that the rule in effect prior to the Final Rule vacated by this Order, namely, the rule regarding Reclassification of the Gray Wolf in the United States and Mexico, with Determination of Critical Habitat in Michigan and Minnesota, 43 Fed. Reg. 9607 (Mar. 9, 1978), is REINSTATED to govern management of gray wolves in the nine states affected by the vacated Final Rule, pursuant to the Endangered Species Act
