Conservation Groups Seek Emergency Injunction From The Ninth Circuit To Stop Upcoming Wolf Hunts…

For Immediate Release – Aug 13, 2011
CONTACT:  Mike Garrity, Executive Director, Alliance for the Wild Rockies 406-459-5936
Facing plans to kill hundreds of wolves in Montana and Idaho, the Alliance for the Wild Rockies, Friends of the Clearwater, and WildEarth Guardians are seeking an Emergency Injunction from the federal Ninth Circuit Court of Appeals to stop the imminent hunts.
“Idaho plans to open a wolf hunting season on August 30, Montana’s wolf hunting season begins with an archery season on September 3, followed by a rifle season shortly thereafter, on September 15,” said Mike Garrity, Executive Director of the Alliance for the Wild Rockies.  “Beginning in less than three weeks, hundreds of Gray Wolves that should be protected as endangered species are about to be hunted and killed.  Our only option is to seek an Injunction to stop the illegal killing of wolves.”
“We believe that Congress violated the U.S. Constitution when Senator Jon Tester (D-Montana) used a rider on an appropriation bill to overturn the Federal Court’s decision that wolves should remain protected by the Endangered Species Act,” Garrity added.
Referring to a strongly-worded decision recently issued by Montana Federal District Judge Donald Molloy, Garrity explained that “although ruling that he was bound by previous decisions by the Ninth Circuit Court, Judge Molloy was very direct in his opinions on the use of non-related riders on appropriation bills such as used by Senator Tester.  Not only did Tester circumvent the Endangered Species Act for pure political expediency, we believe that he violated the Separation of Powers upon which our government is founded by exempting his rider from judicial review.”
As an example, Garrity offered the following quotes directly from Molloy’s decision:
    •    “The way in which Congress acted in trying to achieve a debatable policy change by attaching a rider to the Department of Defense and Full-Year Continuing Appropriations Act of 2011 is a tearing away, an undermining, and a disrespect for the fundamental idea of the rule of law.”
    •    “Political decisions derive their legitimacy from the proper function of the political process within the constraints of limited government, guided by a constitutional structure that acknowledges the importance of the doctrine of Separation of Powers. That legitimacy is enhanced by a meaningful, predictable, and transparent process.”
    •    “Inserting environmental policy changes into appropriations bills may be politically expedient, but it transgresses the process envisioned by the Constitution by avoiding the very debate on issues of political importance said to provide legitimacy. Policy changes of questionable political viability, such as occurred here, can be forced using insider tactics without debate by attaching riders to legislation that must be passed.“
“We’re continuing this battle because Judge Molloy’s ruling fully supports our contention that there is a well-established legal process that applies to every other species and that pure political expediency should not be the driving force by which of our nation’s imperiled animals and plants will or will not be protected for future generations,” Garrity explained.
The groups charge in their Complaint (attached) that the delisting rider, which was sponsored by Montana’s Democrat U.S. Senator Jon Tester and Idaho’s Republican Representative Mike Simpson, violates the U.S. Constitution because it specifically repeals a judicial decision and then exempts it from judicial review.
“While Congress absolutely has the right to make and amend laws, the wolf delisting rider (Section 1713 of the budget law, PL 112-10) does not amend the Endangered Species Act — it circumvents the judicial process by ordering the reinstatement of the 2009 rule that delisted wolves,” Garrity continued.  “Moreover, by exempting it from judicial review it basically nullifies the Constitutional checks and balances between Congress and the Judicial Branch of government.”
“There’s little doubt that wolves are now facing drastic policies at the state level,’ Garrity said. “Wyoming has a ‘shoot on sight’ policy, Idaho just enacted a massive “open season’ that will kill hundreds of wolves and Montana announced it will allow up to 220 of the 566 wolves in the state to be killed this year – nearly half of the wolves to be shot by hunters and an unlimited amount to be killed by government shooters and trappers.”
“We are doing all we can to hold back the tide of wolf-killing in Montana, Idaho, and elsewhere in the Northern Rockies,” explained Garrity.  “This ecologically important species is being unfairly targeted out of ignorance and intolerance and now lack a federal shield from being killed.”
“But in the end, this is not just about wolves, it’s about the rule of law.  If Congress can exempt this decision from judicial review, it can likewise exempt anything it does.  That not only spells disaster for endangered species, but for our entire form of government.  Judge Molloy hit the nail on the head when he said Tester’s rider is ‘a talisman that ipso facto sweeps aside Separation of Powers concerns.’”
“We agree with him,” Garrity continued, pointing to Molloy’s conclusion that reads: “If I were not constrained by what I believe is binding precedent from the Ninth Circuit, and on-point precedent from other circuits, I would hold Section 1713 [Tester’s rider] is unconstitutional because it violates the Separation of Powers doctrine articulated by the Supreme Court in U.S. v. Klein.”
“We think, given the circumstances and the gravity of the Separation of Powers issue, that the Ninth Circuit will want to take a close look at the consequences of allowing Senator Tester’s unprecedented wolf rider to stand.  And we intend to give them that opportunity with our Appeal.”
Please find the request for an Emergency Injunction attached.

Emergency Motion (August 13, 2011)


Exhibits (August 13, 2011)







Top Photo: Courtesy First People

Bottom Photo: Courtesy All About Wolves

Posted in: Wolf Wars, Wolf Delisting Lawsuit

Tags: Emergency injunction, US Ninth Circuit Court of Appeals, wolf wars, wolf hunts, Alliance for the Wild Rockies, Friends of the Clearwater, WildEarth Guardians, Idaho, Montana, Wyoming

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14 CommentsLeave a comment

  1. It’s been a long strange trip, the road weary, at times beyond impossible to endure and comprehend. Still we go onward in the name of all that remains precious, fighting for their lives as well as our own. Sadly, many do not even realize this to be true, for so out of touch are we with nature and our true priorities.

    I commend Alliance for the Wild Rockies, Friends of the Clearwater, and WildEarth Guardians for their stalwart resolve in fighting this battle for our wolves. Amidst the hateful oppression and fleeting “victories” of the opposition, you are a beckon of hope shining within the dark night of our souls. May your message of truth be heeded by all who hear, but especially by those who have forgotten how to listen. Heartfelt prayers for all endeavors to be rewarded with every success.

    It has been an uphill battle just to get this issue out there in the media, hoping for someone to lend their celebrity to the cause….someone…something…somehow…someway. I slept with a little more ease last night to know we had met with partial success, breaking through the veil of silence. The wolves plight had finally been brought to the attention of millions of cable viewers on HLN. Priscilla, you are a champion of animals everywhere…and the wolves will forever sing your praises…their howls of gratitude resound mingling with my sincerest gratitude. Although your allotted time was ever too brief, your were strong, clear and REAL!!! Thank you for your heart, conscience and spirit….Friends of Animals!

    I have sent Jane Valez-Mitchell and HLN an email thanking them for allowing this issue a voice and also urged them to stay current on all relevance and to keep it in the public conscience.

    I believe we still know the difference between right and wrong, although we may have forgotten that we can make a difference. We must be that change…we must make the difference for the wolves!

    “All that is necessary for the triumph of evil is that good men do nothing.” ~~ Edmund Burke ~~

    Much love and many blessings….


    • Brea,
      You said so well what I feel after reading about the filing for an emergency injunction. The emotional road to save the wolves has been much like the stock market’s stomach wrenching roller coaster ride this past week. Thank you for articulating this so well.


      • I thank you too,Brea, for saying it so well.


    • Heartfelt thanks, Brea, and everyone from us, too,
      at Friends of Animals. We’re hoping the emergency
      injunction gives wolves time, and meanwhile, do
      please plan rallies — contacting
      to organize one. Keep letters and calls channeled
      to governors in Idaho, Montana and Wyoming. Tell them
      you’re also boycotting travel to yellowstone National Park.
      That’s an effective international message.

      Priscilla Feral
      Friends of Animals


  2. Fingers & Toe’s are crossed ~




  4. Nabeki, I appreciate what it must take to do what you do and still be able to do it. A special heart felt gratitude to you for your indomitable spirit and your wolf heart. We would be lost without you.,…and so would our wolves.

    Heart Hugs & HOWLS!!!


    • Thank you Brea for those very kind words. I do compartmentalize quite a bit because if I actually linger too long on the what the haters have in store for wolves then I end up writing poems like “oh dear wolf”. The advocates on this blog are my strength. I’ve was gone for several weeks and it’s the first vacation I’ve taken in years but it did help to renew my spirit for the upcoming battles.

      For the wolves, For the wild ones,


      • Nabeki, nature has a way of renewing the spirit and realigning priories. I’m so glad that you were finally gifted with a respite much needed and deserved. We missed you, but know you are an ever lingering presence for the wolves…wherever you are….just as we can not separate ourselves from the love and dedication we all share for our beloved canines in spite of life’s daily travails. This is truly OUR ‘sanctuary” a safe harbor from discouragement and despair. We draw our comfort and encouragement from one another, like an extended family…’s been such a blessing to me to have this nurturing connection.

        Much like described by Rudyard Kipling when he spoke of the bond between wolves:

        “The strength of the pack is the wolf and the strength of the wolf is the pack.”

        Much love and many blessings ……Momma Wolf. Stay strong…be safe.


  5. please let this injuction go through! it just has to! I can’t bear the thought of the free wolves tonight trotting through the timbers, caring for their young and howling at their companion moon are I suppose, blissfully, unaware of the savages planning their demise. how could they perceive of such undeserved hatred.


    • Linda…These wolves are living their lives. already harassed and hounded by WS and poachers. To imagine the horror of what Idaho and the other states have dreamed up for them is too much to bear.

      For the wolves, For the wild ones,


  6. What are the “big guys” (Sierra Club, Defender’s, etc. doing? They make me sick – I ended my membership’s w/ everyone that does not help the Wolf – I have finally had it w/ the whole mess – Obama and his rancher fox in charge of henhouse Salazar – why vote for a Democrat – it doesn’t matter. I hope you suceed. I tell everyone I know, sign all petitions, send what money I can – good luck


  7. Thank goodness someone is trying to really do something about this.
    If this fails, I am back to advocating that we boycot Idaho Beef.
    Sorry, I am sure there are a few ranchers who don’t buy into the
    killing of the Gray Wolves, but unfortunely, most do.


  8. I found this while I was on F/B – The youngster has her heart in the right place. I think we need kids like these ……… I plan on getting a few pillows as soon as I get out of my money hum-drum.

    Pillows 4 Pups
    The goal for this project is to raise money (by selling pillows) and donating the money to help wolves. The money will be used to buy radio collars to track the wolves and make sure they are in no danger. Or, the money can pay for a day rancher who will watch over sheep herds and make sure no wolves come near or get harmed. There are many things that the money can go toward that will benefit the wolves’ protection. All the pillows I sell are handmade, by me.
    Contact me by private message or by my email, if you would like to buy a pillow and help support the wolves.


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