ALERT: Conservation Groups Seek Emergency Injunction To Stop Wolf Hunts…

For Immediate Release – October 17, 2011
CONTACT:  Mike Garrity, Executive Director, Alliance for the Wild Rockies 406-459-5936

Emergency Injunction sought to stop Montana-Idaho wolf hunts

“Seventeen wolves have already been killed during Montana’s early archery wolf-hunting season and sixty wolves in Idaho’s wolf hunting season,” said Mike Garrity, Executive Director of the Alliance for the Wild Rockies.  “But with the general wolf rifle season opening in Montana and Idaho around the same time the general big game rifle season is also opening, the numbers of humans with rifles in wolf habitat is about to increase exponentially.  This translates into a much higher chance of wolf-human interactions as well as a much more efficient mechanism available to kill wolves during those encounters.  The only way to stop this senseless, politically-driven wolf slaughter is to seek an Emergency Injunction from the federal Ninth Circuit Court of Appeals to stop wolf hunts.”

The Alliance for the Wild Rockies, Friends of the Clearwater, and WildEarth Guardians filed their request Monday, October 17, just days before Montana’s statewide big game rifle hunting season opens.  “The science and national attention are turning against the recreational killing of wolves,” Garrity explained.  “Nationally, people are already suggesting boycotting Montana and Idaho’s important tourism industry, which is a top revenue producer for both states.  Newly-released studies are highly critical of the states’ wolf population estimates.  Add in the fact that wolves only accounted for a tiny fraction of livestock losses in Montana, and the wolf hunts are exposed for what they are, which is a politically-driven ruse.”

Idaho has already issued 25,500 wolf hunting permits, and Montana has issued 11,400. “Nearly 37,000 humans armed with high-powered rifles and long-range scopes will now be trying to kill the approximately 1000 wolves remaining in Montana and Idaho,” Garrity added. “Our only option is to seek an immediate halt to what we believe is the illegal killing of wolves, which is an endangered species we’re trying to recover in the Northern Rockies.”

“Not only is the science bogus, we also believe that Congress violated the U.S. Constitution when Senator Jon Tester (D-Montana) used a rider on an unrelated appropriation bill to overturn the Federal Court’s decision that wolves should remain protected by the Endangered Species Act,” Garrity added.  “In the 37-year history of the Endangered Species Act, this is the first time an endangered species has been removed from protection by Congressional fiat.”

Pointing 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 opinion 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 also 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:

•    “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.“

•    “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.”

•  “If I were not constrained by which 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 Seperation of Powers doctrine articulated by the Supreme Court in U.S. V. Klein…”

“We’re continuing the battle to stop the wolf killing because Judge Molloy’s ruling fully supports our contention that there is a well-established legal process that applies to every other species — 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.

Our appeal on the constitutionality of Tester’s rider will eventually be decided before the Ninth Circuit Court,” Garrity continued.  “But with the killing about to increase exponentially, we’re seeking an immediate halt to the hunts while the Court considers our case.”

The groups charge in their Emergency Motion for Injunction Pending Appeal (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 requires implementation of an agency rule that violates a court decision, but instead of changing the law that the court decision was about, it simply exempts the illegal rule 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  and then, by exempting it from judicial review, it basically nullifies the Constitutional checks and balances between Congress and the Judicial Branch of government.”

“Even Montana’s Department of Livestock acknowledges that problems between wolves and the state’s 2.9 million domestic livestock is a localized and insignificant issue at the state level, with so few livestock affected by wolves, that justification for wolf hunting is completely inadequate, ”  Garrity stated.  In 2009, wolves killed 379 domestic livestock, in 2010, they killed 151, and this year only 79 so far as 2011 draws to a close.  Thus, less than one percent of Montana’s livestock is affected by wolves.

“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.”

“This is not just about the Endangered Species Act or wolves, it’s about the upholding the Constitution.  If Congress can exempt the Tester-Simpson wolf delisting rider 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.  ###

PLAINTIFFS – APPELLANTS’ EMERGENCY MOTION UNDER
CIRCUIT RULE 27-3(a) FOR INJUNCTION PENDING APPEAL

RELIEF REQUESTED WITHIN 21 DAYS: BEFORE NOVEMBER 7, 2011

CLICK HERE  Read the full Motion for Emergency Injunction

===

LA TIMES

Emergency halt to wolf hunts sought in Montana and Idaho

October 17, 2011 | 12:44 pm

Bow-and-arrow hunters already have shot 11 of Montana’s once-threatened wolf population since a controversial wolf hunt started at the beginning of September, while 60 wolves have been killed in neighboring Idaho.

Now, big game rifle-hunting season is about to start, bringing thousands of hunters into the mountains at a time when early snowfall will make wolves much easier to spot and chase. Conservation groups went to court Monday seeking an emergency injunction to block the hunts until a federal appeals court can decide whether they’re legal.

“General rifle season is about to start in Montana, it just started in Idaho. About 37,000 people now have wolf hunting permits, and they’re going to be going with high-powered rifles and long-range scopes after a little more than a thousand wolves,” Michael Garrity, executive director of Alliance for the Wild Rockies, said in an interview.

He said a coalition of groups, including Friends of the Clearwater and WildEarth Guardians, are asking the U.S. 9th Circuit Court of Appeals to rule as early as today on an emergency order, pending a hearing next month on claims that the fast-track federal legislation that authorized the hunts is illegal.

“With the snow about to fly … the very survival of Northern Rocky Mountain wolves may be at stake,” Wendy Keefover of WildEarth Guardians said in a statement.

http://latimesblogs.latimes.com/nationnow/2011/10/wolf-hunt-montana-idaho.html

===

Photo: Courtesy First People

Posted in: Action Alerts, Montana Wolves, Idaho Wolves Wolf Wars, Wolf Wars

Tags: Emergency Injunction Ninth Circuit, Conservation groups, wolf hunts, wolf death toll rises

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34 CommentsLeave a comment

  1. Wonderful news! I just pray that it works!! Meanwhile we must keep the pressure on by way of protests, letters to the Editor, and any other way we can think of to spread the word and let Everyone know what’s going on and that we WON’T let it go on quietly!

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    • Absolutely Ann…we all have our strengths…everyone should do what suits them best but do something.

      For the wolves,
      Nabeki

      Like

  2. I do care how much work Mike Garrity has to do to get the wolves protected. If I could join his fight and be with him, I would. But with no transportation and being on limited income it is hard for me.
    Mr. Garrity, please do not let things bother you about these so called people who want the wolves dead.
    Already 75 wolves have been killed in Montana and Idaho. God have mercy on the wolves and stop these people from killing any more wolves.
    Thjese people do not understand the benefit of the wolves. They do not realize without the wolves other predators will come out and then there will be 7734 to pay. 7734 is hell upside down.
    Please dear God, do something a protect the wolves. You gave man a free will. But the wolves and other animals do not have the free will. They can not stop the people from killing them You can. Please do it soon before there are very few wolves left.

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  3. Well said. Thank you & good luck! I pray you prevail

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    • I just got off the phone with Mike Garrity of Alliance for the Wild Rockies. His mailing address is P.O. Box 505 Helena, Mt. 59624, He is the Executive Director. He is the only one in the office. He is wanting to have as many people who are wanting to save to the wolves to join him.
      Government Agencies have killed 71 wolves in Montana and 83 killed in Idaho. Besides the ones killed by hunters 60 in Idaho and 15 in Montana.
      Please contact him and give him your support. He needs it to help him to fight for the wolves.
      I plan to send him some money on the 3rd of November. Do what you all can too.
      He has been getting alot of people telling him he is wrong for saving the Wolves. He needs all the Wolf Lovers to help, give him moral support.

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    • Sorry, I forgot to give you his phone number. 406-459-5936. Mike Garrity is trying his best to save the wolves.

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  4. Blessings upon Alliance for the Wilf Rockies, Friends of the Clearwater and Wild Earth Guardians for standing with wolves, the Endangered Species Act and the rule of law in our country. Decent humans do not kill “for sport.” Our nation stands at a crossroads, are we a nation of law and defenders of our land, creatures and people? Or are we a nation of butchers, thrill-killers who spit on the Constitution and sacrifice our wildlife and our children to the Death Cult. Wolves are the symbols of this struggle and symbols of American wilderness and freedom. Stand with the Light, choose Life. God save our wolves, defend the Constitution and the rule of law.

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    • Here – Here Dr. Catherine!

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    • Beautifully said Catherine, may it be.

      For the wolves, For the wild ones,
      Nabeki

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  5. I do not believe that the number of wolves cited by Montana and Idaho Fish & Wildlife Services is correct. There are less wolves now as local ranchers freely shoot them on their land and poaching is rampant. That is why this injunction is absolutely necessary and needs to be implemented as soon as possible.
    This week, there are a lot of professional, out-of-state hunters appearing in Stevensville preparing for the kill and the Montana Wildlife, Fish & Parks should never have sold so many permits to kill 220 wolves.
    An anti-wolf supporter informed my brother and me that a Montana Veterans Group promised Jon Tester that they would support him for re-election, if he attached the delisting rider to Obama’s Budget Bill. The reason they gave for the rider was that wolves were endangering livestock and reducing the number of elk.
    This, of course, is untrue as only 1 % of livestock are killed by wolves and the number of elk in Montana has increased from 101,000 in 2010 to 150,000 in 2011 (Rocky Mountain Elk Foundation statistics).
    Tester was willing to sacrifice an entire specie of animal for his own political gain. He is concerned that he will not be re-elected because his opponent is US Representative Denny Rehberg.
    If our government officials refuse to uphold the US Constitution and the Separation of Powers that it guarantees, it is time to impeach them and replace them with more ethical individuals that actually represent US citizens.

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    • Toni….And we can blame the Democrat Senators who voted to delist wolves and Obama, in his foolishness. who started this entire tragedy by delisting wolves in first place.

      For the wolves, For the wild ones,
      Nabeki

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      • I do not think that it was “foolishness” on the part of Obama. He needs that democratic seat as much as Tester. He knew exactly the hell that was going to be unleashed when the rider passed, but, like everybody else, could not care less.

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      • Astrid, Obama knew what he was doing the minute he appointed Cowboy Ken to the Interior and delisted wolves just a few months into his first term.

        For the wolves, For the wild ones,
        Nabeki

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      • Tell our Senators and Representatives that we will not vote for them, if they do not work to help the wolves to be saved from being killed.
        OBama has sold out the Wolves, just like he has sold out the traditional Marriages.

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      • Not all Senate Democrats voted in favor of the budget bill and the subsequent rider. One of them was from my own home state: Carl Levin. And it wasn’t just the rider that made him vote against the bill. There were a myriad of reasons, which he shared with me via email.
        Hopefully, this time, they’ll listen to our cause and we’ll get that injunction.
        Also, I’d like to send an R.I.P. howl to 642F, one of the recent victims of the massacre, and to Dan Wheldon, who was killed in a crash during the Indycar World Championships this past Sunday at Las Vegas Motor Speedway. May God welcome them home.

        Up the howls.

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      • Pete, I always mention the three Senators who voted no: Wyden, Levin and Leahy…that’s it. The rest of the Senate Dems voted yea. Two other riders were allowed an up or down vote, Obama care and Planned Parenthood, both were defeated. The ONLY rider left in the bill was the wolf rider. Senators were too cowardly to vote up or down on the wolf rider, they didn’t want to go on the record voting to delist wolves and gut the ESA..so they allowed it to stay tucked inside the budget bill. They all KNEW it was in there. They voted yes to bolster Jon Tester’s chances in 2012. He faces a tough challenge from Republican, Denny Rehberg, who also is running on the wolf issue. They are both arguing who should get credit for delisting wolves or in other words, trying to “out wolf” each other.

        Wolves are now facing a possible extirpation because of President Obama and the Senate Dems.

        Yes that was a real tragedy on the race track, Wheldon was only 33.

        For the wolves,
        Nabeki

        Like

  6. dansk. der er virkeligt noget galt med de mennesker- i idaho-montana, ligger inde med tonvis af jagt-gevære + de bruger min ven som skydeskive ( kan ikke høres ), + lyve om ulvens for meget spise-kammer- kuropte regnskab, indtjening på ulvens smukke LIG, + de er bedøvende ligeglad med naturens smukke liv, her skal der virkeligt gøres oprør mod de jagt-stater- DE ER GÅET FORVIT, med rovdrift, styret på deres ejen sammenspil, dette vandvid skal stoppes retfærdighed = hvert dyr der skydes- buge-spides- uhhh- skal betale 10 gange så meget, i fængsel – 1 dyr =10 år + 10 gange betaling, + turister skal holde sig fra blod-staterne– og der skal sættes vagt-skab, så der ikke luskes med ulve-lig + hvad deres syge hoveder kan finde på !!!!- NU må der gøres noget dragist- alle lande er modbydelige mod min ven, ulven. – ULVEN er bedre end mennesker– ulven er goooooood

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  7. Let us hope and pray this senseless killing is haulted.

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  8. Kudos to Alliance for the Wild Rockies, Friends of the Clearwater & WildEarth Guardians for trying to put a stop to the blood bath that is going on out west as we write. I’m just fed up with the government, all of the bullshit that they give the public – where do they get their #’s??
    Gum ball machine I do believe.

    Let’s hope this Emergency Injunction works.

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  9. Need every biologist that has studied this situation and has proof that they can slap down in front of the court. I am sure that they ( Ninth Circuit Court) understands that this is illegal, and they are committing a crime (I consider it a felony) just as Senator Jon Tester has done. There is so much proof that this rider is illegal that if the decision that the court makes is not in favor of the wolf, then we have definite corruption in the Ninth Circuit Court. This should not be about politics. This is about living beings that are non aggressive. There are so many other predators out there that you can hardly count the wolf. They are the grandfathers of you family dogs. Loyalty, social structure, aunts, uncles sometimes act as the babysitters. They mate for life. (Oops! They have one up on mankind.)

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  10. These Senators are the scum of the Earth. My Democratic Senators had the nerve to say they voted for the bill to save the Recovery. What Recovery??? The only ones who recovered are the Big Contributors to both parties.

    Damm These Wolf Hunters and the filthy politicians who enabled them.

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  11. Everyone should boycott all products made or grown in Idaho & Mt. Starting with Idaho Potatoes.

    No trips, business or personal, should be made to these states. Any meat products from these states should be avoided.

    Any companies located in these states should be boycotted. Check http://www.jigsaw.com for a list of these companies.

    Like

    • Let’s all go for it. I have not bought Idaho Potatoes since this thing has been going on.

      Like

  12. It is time to vote out of office everyone who voted for, or supported this bill. From the President on down.

    Primary Voters should work to deny these murders nominations.

    People should donate to their rivals, if they have the money.

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  13. I would like to add that Vermont senator Bernie Sanders also voted “no” on the April budget bill that included the tragic wolf rider. The irony here is that his “no” vote had nothing to do with the wolves. According to a press release at that time from his office, he voted against the bill because it “cut more than $38 billion from programs that help working families without calling for shared sacrifice by the wealthiest Americans” (full text is available at http://sanders.senate.gov/newsroom/news/?id=3990a1d9-fdd7-4ba5-8c08-53f8368289b7). It is absolutely devastating to see that wolves have no support whatsoever in Washington. John Kerry, one of the two Massachusetts senators (my home state) gleefully signed the wolves away while sending countless emails to his constituents to brag about his perfect record when it comes to wildlife.

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    • So true Astrid, most who voted no didn’t do it to help wolves. Bernie Sanders is an Independent, so I didn’t include him with the Dems. three no votes

      For the wolves, For the wild ones,
      Nabeki

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  14. Thank you Barbara. The only thing these murders care about is their pocketbooks. If we hit them there, it will hurt.

    No carnivores should be hunted, period.

    They keep prey animals healthy and help cut down on the horrible deer and elk starvation caused by over population and lack of natural predators.

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    • 143 killed in Idaho and 86 killed in Montana. When will it be stopped?

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  15. We must save the wolves before it is to late,we will save them.

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    • Joseph, the last thing I have heard is there were 16 wolves killed by hunters. 70 killed by FGWS in Montana. In Idaho there were 60 killed by hunters and 83 killed by FGWS.
      Do not know how many more have been killed. 143+86= 229 killed so far. That is more than should have been killed.

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      • Barbara…Wildlife Services continues to kill wolves even though there are hunts. Poachers continue to kill wolves. Wolves are killed by ranchers with permits. Wolves are hit by cars or die from natural causes. The death toll is much higher then the 107.

        Idaho published wolf mortality in September. It was 114 including the hunt total. Now that total in September the hunt total was I believe 33, no its 80, so hundreds have wolves have been killed between Idaho and Montana since the beginning of the year, combining the hunt totals, WS, poaching, ranchers, etc.

        For the wolves,
        Nabeki

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      • We have to get this under control. How can we if we just write it down on this site.
        I am trying to get a rally going here in El Paso,Tx. So wherever you live please help with other rallies.

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      • Barbara….that’s why we started Howl Across America. It’s a call to all wolf advocates to peacefully protest in their hometowns or join an existing rally. It’s time for action, we just can’t sit by and let wolves be slaughtered without raising our voices. Look what Occupy Wall did in just a few short weeks. We need media attention and we’re not going to get it if we don’t speak out.

        EVERYONE, please visit Howl Across America and look in the discussion section. All the rallies are listed there. If you don’t see one near you start your own. We have to start speaking out before all the wolves are dead.

        Good for you Barbara for starting a rally. Others need to do the same. Its time for action.

        http://facebook.com/howlacrossameria

        For the wolves, For the wild ones,
        Nabeki

        Like

      • Thank you all who have joined in these comments. As soon as I have a rally started here in El Paso, Tx.
        I went to a Wolf Talk last night and was very impressed by what I found out. Some I already knew about, others, I did not know. Keep up the good work and let’s all keep on working for the Wolves.

        Like


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