Judge Donald Molloy Blocks Deal To Lift Wolves' Endangered Species Protections In 2 States

[kpete]

Source: Huffington Post

Judge Donald Molloy Blocks Deal To Lift Wolves' Endangered Species Protections In 2 States

BOISE, Idaho -- A federal judge has denied a proposed settlement agreement between the U.S. Fish and Wildlife Service and 10 conservation groups that would have lifted endangered species protections for wolves in Montana and Idaho.

U.S. District Judge Donald Molloy in Missoula on Saturday rejected the agreement that could have led to public hunting of some 1,300 wolves in the two states.

In the 24-page decision, Molloy cited the court's lack of authority to put part of an endangered species population under state management and expose that population to hunting, noting "Congress has clearly determined that animals on the ESA must be protected as such," and the court couldn't "exercise its discretion to allow what Congress forbids."

He also said he couldn't approve the settlement proposed in March because not all the parties involved in the case agreed with it. Part of the argument for the settlement was that it could end litigation, but Molloy noted that was unlikely given the opposition by some to the proposed settlement.


Read more: http://www.huffingtonpost.com/2011/04/09/judge-donald-molloy-endangered-wolves_n_847104.html

[MH1]

1. This is a complex issue.

Conservation groups supported the settlement that Molloy struck down, because what will happen now will be worse. However, Molloy's decision was probably legally correct and maybe better overall for the Endangered Species Act.

The problem is that now the 'wolf rider' in the budget bill will probably go through (it would have been irrelevant with this settlement, I gather), and that will be a worse situation than what was negotiated in the settlement.

[ProgressiveProfessor]

2. Key point

The agreed to settlement was reasonable and supported my most of the participants. This decision will force things into a binary situation and most likely conservationist will lose ground in the end.