Members of Big Game Forever,

I am writing to provide an update on the litigation in front of Judge Donald Molloy challenging the recent Congressional Action to return wolves to state wildlife management. Yesterday, Big Game Forever, Mule Deer Foundation, Sportsmen for Fish and Widlife and a coalition of sportsmen conservation groups started the appeal process to challenge the effort by Judge Molloy to block the participation of sportmen’s organizations in this case. The motion preserves the right of Big Game Forever and each group in the coalition to challenge any adverse ruling by Judge Molloy which would stop wolf management by the states.

Several weeks ago, these same conservation groups filed a motion to defend the recent action in Congress to delist America’s wolf populations. The decision by Judge Molloy to block the participation of the conservation groups in the lawsuit is very concerning. But it did not stop there. On the same day, he also denied the motion to intervene in the lawsuit by the state of Idaho.

While we don’t know how Judge Molloy will ultimately rule in the case, we do already know that he is willing to prevent Sportsmen and the states from being represented in the action. Ignoring the rights of sportsmen and the states appears to be the order of the day in the courts when it comes to wolves. Once again it appears that form will be used to upstage substance when it comes to our legal and constitutional rights.

Denying the right of these parties to intervene sets a dangerous precedent. The right to be heard is part of what makes America great. Particularly on an important issues such as Congressional legislation in support of state wildlife management. It is a legal slippery slope when judges begin using excuses to deny this right. In this case, Judge Molloy’s cited his own schedule as one of the main reasons for denying intervention. Not only is the schedule set by Judge Molloy, but the schedule itself is unprecedented in allowing Judge Molloy to move very quickly to possibly: (1) again stop wolf management by the states; and/or (2) strike down the recent Congressional action. The law says that intervention is often granted as a matter of right and rules related to joining a lawsuit should be interpreted broadly in favor of these intervening parties.

The recent developments in the wolf litigation front, once again highlights why courts are the wrong place to make policy decisions related to wolves and state wildlife management. To be clear, this bill passed by Congress is not about wolves, it is about whether states can fulfill their constitutional mandate to manage wildlife.

Why additional Congressional Action is necessary.

The good news is that this situation is easily resolved by Congress. The Endangered Species Act is a statutory issue rather than a Constitutional issue. As a result, Congress holds the ultimate authority on the issue, not the courts. It is clear that without comprehensive Congressional action, we can expect many more years of delays, restrictions and technicalities not just in Idaho and Montana, but across the West and Midwest.

Miles Moretti, President and CEO of Mule Deer Foundation explains, “It appears that the only way to settle the wolf issue is for Congress to pass a bill delisting the wolf. Advocate Judges like Judge Molloy continue to perpetuate that the wolf issue is an environmental agenda to stop delisting by any means, not based on science which indicates wolf populations in the Rocky Mountains and Midwest Regions are recovered.”

It is time for Congress to restore the rights of states. This can easily be done by passing more comprehensive wolf delisting legislation. More comprehensive legislation should address not just a few states, but every state where wolves and litigation are certain to be used for many years to come to prevent states from properly managing wildlife.

Big Game Forever continues to work closely with members of Congress to pass a stonger and more comprehensive bill in favor of the right of states to manage their wildlife. 

We encourage sportsmen to stand ready and willing to support these efforts when the time is right. We can get prepared by getting the word out. Ask your friends to sign the petition at Big Game Forever. Our goal is 100,000 signatures on the online petition in support of state management and delisting of America’s wolf populations.

As a nation of United Sportsmen, we can preserve the future of wildlife and hunting in America.

Ryan Benson

http://biggameforever.org/

ryandbenson@msn.com
(801)870-5307