No Justice For Wolves, Appeals Court Allows Wolf Hunts To Continue….

After a grueling night of watching Wisconsin pass their horrendous wolf hunting bill, now this, it’s almost too much to stand.  The wolves are suffering and dying because of Obama’s decision back in the Spring of 2009 to delist them and we’re never been able to overcome that.  Just once the wolves were free, in August of 2010, when Judge Molloy relisted them but we had so little time to celebrate before the haters figured out how to get around the courts and politically delist wolves. I hope this decision is appealed. This is a very, very dark day for wolves and wolf advocates.

Appeals Court Allows Wolf Hunts

By THE ASSOCIATED PRESS

Published: March 14, 2012 at 1:34 PM ET

The ruling from a three-judge panel of the 9th U.S. Circuit Court of Appeals said Congress had the right to intervene when it stripped protections from wolves last spring.

Lawmakers stepped in after court rulings kept wolves on the endangered list for years after they reached recovery goals. Wildlife advocates claimed in their lawsuit that Congress violated the separation of powers by interfering with the courts.

But in an opinion authored by Judge Mary Schroeder, the court said Congress was within its rights, and that lawmakers had appropriately amended the Endangered Species Act to deal with Northern Rockies wolves.

That amendment marked the first time Congress has forcibly removed a species’ endangered status. It was tacked onto a federal budget bill by Idaho Republican Rep. Mike Simpson and Montana Democratic Sen. Jon Tester.

“This case has made it clear that those who persist in trying to manage wildlife through the courts, in spite of all scientific evidence that this species has recovered, no longer have a defensible position,” Simpson said Wednesday.

Michael Robinson with the Center for Biological Diversity, one of the groups that sued to restore protections, said a Supreme Court appeal was possible but no decision had been made.

“We’re very disappointed and very saddened,” Robinson said. “Hundreds of wolves have been hunted and trapped and snared, and they are essential to their ecosystem.”

Read More: http://www.nytimes.com/aponline/2012/03/14/us/AP-US-Wolf-Hunt-Appeal.html?_r=2&emc=eta1

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Click Here To Read The Decision

Never give in, never give in, never; never; never; never – in nothing, great or small, large or petty – never give in except to convictions of honor and good sense….Winston Churchill

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Top Photo: Wolf People Pups Arctica and Nini Courtesy Ann Sydown

Bottom Photo: Pro Wolf Protest Cour d’ Elene September

Posted in: Wolf Wars

Tags: Appeals court got it wrong,  No Justice for wolves,  Wolf persecution, wolf slaughter, US Ninth Circuit Court of Appeals

© 2009-2012 Howling For Justice

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ALERT: Conservation Groups File Wolf Rider Appeal to the Ninth Circuit…

Conservation groups filed an appeal to the US Ninth Circuit, on September 8, 2011, challenging the constitutionality of the wolf delisting rider.  Leading the fight is Alliance for the Wild Rockies, Friends of the Clearwater and WildEarth Guardians.  Center For Biological Diversity and Western Watersheds Project are also plaintiffs in the appeal.

Rider Appeal, Ninth Circuit Court, Opening Brief, Sept. 8, 2011

http://www.wildrockiesalliance.org/news/2011/0908wolfBR.pdf

What impressed me about their opening brief was the introduction. It quotes the famed ecologist and environmentalist Aldo Leopold’s Thinking Like a Mountain, from A Sand County Almanac,  In his writing, Leopold introduces the concept of trophic cascades.

“The concept of a trophic cascade is put forth in the chapter “Thinking Like a Mountain”, wherein Leopold realizes that killing a predator wolf carries serious implications for the rest of the ecosystem.”

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Thinking Like A Mountain

by Aldo Leopold

In those days we had never heard of passing up a chance to kill a wolf. In a second we were pumping lead into the pack, but with more excitement than accuracy: how to aim a steep downhill shot is always confusing. When our rifles were empty, the old wolf was down, and a pup was dragging a leg into impassable slide-rocks.

We reached the old wolf in time to watch a fierce green fire dying in her eyes. I realized then, and have known ever since, that there was something new to me in those eyes—something known only to her and to the mountain. I was young then, and full of trigger-itch; I thought that because fewer wolves meant more deer, that no wolves would mean hunters’ paradise. But after seeing the green fire die, I sensed that neither the wolf nor the mountain agreed with such a view.

Since then I have lived to see state after state extirpate its wolves. I have watched the face of many a newly wolfless mountain, and seen the south-facing slopes wrinkle with a maze of new deer trails. I have seen every edible bush and seedling browsed, first to anaemic desuetude, and then to death. I have seen every edible tree defoliated to the height of a saddle horn. Such a mountain looks as if someone had given God a new pruning shears, and forbidden Him all other exercise. In the end the starved bones of the hoped for deer herd, dead of its own too-much, bleach with the bones of the dead sage, or molder under the high-lined junipers.

I now suspect that just as a deer herd lives in mortal fear of its wolves, so does a mountain live in mortal fear of its deer. And perhaps with better cause, for while a buck pulled down by wolves can be replaced in two or three years, a range pulled down by too many deer may fail of replacement in as many decades. So also with cows. The cowman who cleans his range of wolves does not realize that he is taking over the wolf’s job of trimming the herd to fit the
range. He has not learned to think like a mountain. Hence we have dust bowls, and rivers washing the future into the sea.

We all strive for safety, prosperity, comfort, long life, and dullness.The deer strives with his supple legs, the cowman with trap and poison, the statesman with pen, the most of us with machines, votes,and dollars, but it all comes to the same thing: peace in our time. A measure of success in this is all well enough, and perhaps is a requisite to objective thinking, but too much safety seems to yield only danger in the long run. Perhaps this is behind Thoreau’s dictum:In wildness is the salvation of the world. Perhaps this is the hidden meaning in the howl of the wolf, long known among mountains, but seldom perceived among men.

ALDO LEOPOLD, A SAND COUNTY ALMANAC, AND SKETCHES HERE AND  THERE, Thinking Like a Mountain, at 129–133, Commemorative edition 1989, ©1949, Oxford University Press, Inc.

http://www.wildrockiesalliance.org/news/2011/0908wolfBR.pdf

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Photo: Courtesy Wikimedia Commons

Posted in: Wolf Wars, Wolf Delisting Lawsuit

Tags: US Ninth Circuit Court of Appeals, Alliance for the Wild Rockies, Friends of the Clearwater, WildEarth Guardians, Center for Biological Diversity, Western Watersheds Project, wolves in peril, wolf delisting rider

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
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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.”
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“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.
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Emergency Motion (August 13, 2011)

http://www.wildrockiesalliance.org/news/2011/0813wolfMOT.pdf

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Exhibits (August 13, 2011)

#1

http://www.wildrockiesalliance.org/news/2011/0813wolfEX1.pdf

#2

http://www.wildrockiesalliance.org/news/2011/0813wolfEX2.pdf

#3

http://www.wildrockiesalliance.org/news/2011/0813wolfEX3.pdf

#4

http://www.wildrockiesalliance.org/news/2011/0813wolfEX4.pdf

#5

http://www.wildrockiesalliance.org/news/2011/0813wolfEX5.pdf

#6

http://www.wildrockiesalliance.org/news/2011/0813wolfEX6.pdf

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

Wolf Decision Appealed To The Ninth Circuit By Conservation Groups….

For Immediate Release – Aug 8, 2011

Conservation Groups Appeal Federal District Court wolf decision

CONTACT:  Mike Garrity, Executive Director, Alliance for the Wild Rockies 406-459-5936

“We still believe that Congress violated the U.S. Constitution when Senator Jon Tester (D-Montana) used a rider to overturn the Federal Court’s decision,” said Mike Garrity, Executive Director of the Alliance for the Wild Rockies.   “We will not allow the fate of endangered species to be determined by politicians serving special interests. These decisions must be based on science, not politics, and Congress has never before removed species from the Endangered Species list by political fiat.”

Citing the wording from Federal Judge Donald Molloy’s recent ruling, Garrity said the Alliance and it’s co-Plaintiffs, Friends of the Clearwater and WildEarth Guardians, have filed an Appeal to the U.S. Ninth Circuit Court of Appeals “to preserve both wolves and the rule of law in the Northern Rockies.”

“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,” Garrity continued.  “Take, for example, these quotes directly from Molloy’s opinion.”

    •    “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 over 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 that the delisting rider, which was sponsored by Montana U.S. Senator Jon Tester and Idaho 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 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,” concluded Garrity, 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.”

Notice to file appeal: Click Here

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Groups ask appeals court to restore wolf protections

Conservation groups asked an appeals court on Monday to strike down a move by Congress to strip more than 1,500 wolves in Idaho and Montana of federal endangered species protections.

 | August 8, 2011

Reuters

By Laura Zuckerman

SALMON, Idaho (Reuters) – Conservation groups asked an appeals court on Monday to strike down a move by Congress to strip more than 1,500 wolves in Idaho and Montana of federal endangered species protections.

In a petition to the U.S. Ninth Circuit Court of Appeals, the groups sought to overturn a ruling last week by a federal judge that found Congress did not exceed its authority in April when it allowed a measure removing wolves from the endangered species list in Idaho and Montana.

That ruling, by U.S. District Judge Donald Molloy, came days after Idaho announced plans to cut its wolf population from about 1,000 to no fewer than 150 by extensive hunting and trapping and less than a month after Montana set a wolf hunting quota of 220 out of a population of 566.

“The states want to decimate the wolf population in the Northern Rockies,” said Michael Garrity, executive director of the Montana-based Alliance for the Wild Rockies. “We want to stop this massive killing that is about to occur.”

https://www.scientificamerican.com/article.cfm?id=groups-ask-appeals-court-to-restore

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Photo:  Courtesy Creative Commons

Posted in: Wolf Delisting Lawsuit, Wolf Wars

Tags: Alliance for the Wild Rockies, Friends of the Clearwater, WidlEarth Guardians, Judge Molloy, US Ninth Circuit Court of Appeals. gray wolves, Idaho, Montana

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