Another possible wolf delay

[taskswap]

Seems like tilting at windmills to me, but there's another last-minute challenge against the wolf reintroduction. FYI.

Colorado could capture wolves within days — unless a judge delays the state’s reintroduction efforts

A federal judge plans to issue a ruling Friday deciding whether to delay the reintroduction of wolves in Colorado based on a legal challenge filed this week by ranchers.

www.denverpost.com

 

[Ynothunt41]

Love it!!!

 

[MikeDeltaFoxtrot]

NEPA is a really interesting statute. I studied it in some detail when I took environmental law in law school. It does not in any way limit what a government agency can do, but it requires them to adequately consider the environmental impact of their activities and then prepare an environmental impact statement. When you sue under NEPA, you are challenging the sufficiency of the EIS. If you win, they have to go back and do it over. Then you can rinse and repeat with a new suit. When you consider the timing of the various federal court appeals, a NEPA case can delay government action for years.

It is not clear to me how the Colorado state government is subject to NEPA, which normally only applies to federal agencies. There may be some federal dollars involved. If I get a chance, I'll pull the complaint and report back.

 

[MikeDeltaFoxtrot]

I found the case. It is number 1:23-cv-03258 in the U.S. District Court for the District of Colorado. The plaintiffs have moved for a temporary restraining order (TRO) and a preliminary injunction.

Judge Regina M. Rodriguez has the case, and she is Biden appointee. To her credit, she held a hearing on the TRO almost immediately. The case was filed on 12/11, and she had hearing on 12/14. If she wanted to, she could just pocket veto the whole thing by ignoring the case for a few months. I have had them happen with TRO motions.

 

[wapitibob]

Delaying the inevitable, CO has wolves and they will increase. Work on a Wolf Plan that creates a maximum number of pairs and allows hunting or trapping by the public to maintain that number. That's where we went wrong in OR.

 

[MikeDeltaFoxtrot]

OK. I figured out the NEPA jurisdictional piece. The USFS has a cooperative agreement with the Colorado Parks department. The decision to renew that is what is being challenged under NEPA. Clever. Here is the language from the complaint.

Plaintiffs challenge the decision of FWS to renew the Cooperative Agreement entered into between FWS and CPW (the “Agreement”) pursuant to section 6(c) of the Endangered Species Act (“ESA”), 15 U.S.C. § 1535(c), for the period of October 1, 2023 through September 30, 2024. Renewal of the agreement for this upcoming period was an approval of the Commission’s plan to reintroduce and manage gray wolves and grants the Division the legal authority necessary to procure and import gray wolves, a highly controversial endangered species, into Colorado. Plaintiffs seek a declaratory judgment and a mandatory injunction requiring the Federal Defendants to comply with NEPA by preparing an environmental impact statement on the reintroduction of wolves in Colorado. Plaintiffs also seek an injunction to prohibit the State Defendants, or any qualified employee or agent thereof, from releasing any wolves into Colorado unless and until an adequate environmental impact statement has been prepared and the Agreement lawfully renewed for the upcoming period.

 

[Hnthrdr]

NEPA is a really interesting statute. I studied it in some detail when I took environmental law in law school. It does not in any way limit what a government agency can do, but it requires them to adequately consider the environmental impact of their activities and then prepare an environmental impact statement. When you sue under NEPA, you are challenging the sufficiency of the EIS. If you win, they have to go back and do it over. Then you can rinse and repeat with a new suit. When you consider the timing of the various federal court appeals, a NEPA case can delay government action for years.

It is not clear to me how the Colorado state government is subject to NEPA, which normally only applies to federal agencies. There may be some federal dollars involved. If I get a chance, I'll pull the complaint and report back.

It was my belief that folks wanted Nepa since the wolves would spend a majority of their time on federal land, the state was trying to circumvent by releasing wolves on private or state owned land… but that is pretty weak sauce if you ask me to think they won’t spend a ton of time on BLM and Forest land

 

[UncleBone]

https://www.facebook.com/100063627970665/posts/875464187917839

The GCSA is asking for help funding this action. As a Gunnison county resident, I would be very happy if their efforts were successful!

 

[Hnthrdr]

Delaying the inevitable, CO has wolves and they will increase. Work on a Wolf Plan that creates a maximum number of pairs and allows hunting or trapping by the public to maintain that number. That's where we went wrong in OR.

Our trapping (on public) is already outlawed, except for box traps, and it was written into the bill that wolves will never be hunted. This is why some of us are so opposed to this. If it was clear cut and said hey we want 300 pairs and then hunting will be allowed and it will look like this, I would be way less opposed to it, but when they want wolves on every piece of available habitat in the state and never want to regulate the population I have a serious issue with it

 

[cnelk]

I saw on the local news this morning that the judge review the case today and maybe have a decision tomorrow.

News also said the CPW was going to Oregon on Sunday to pick up the wuffs and be back on Monday

 

[KHNC]

The fact they want to separate wolves from their families is ridiculous! Just think of the mental anguish ripping the packs apart will cause! They need to leave them be where they live. Give the wolves the choice!! Dont trap them and transport to another area. Thats horrifying for them to experience! No one cares about the wolf's feelings at all.

 

[Hnthrdr]

The fact they want to separate wolves from their families is ridiculous! Just think of the mental anguish ripping the packs apart will cause! They need to leave them be where they live. Give the wolves the choice!! Dont trap them and transport to another area. Thats horrifying for them to experience! No one cares about the wolf's feelings at all.

Spot on take! Remember when some group was saying how if you killed or trapped a wolf if would destroy the pack cause it’s like breaking up a family… where are those folks now?

 

[KHNC]

Exactly ! ^^

 

[Spoonbill]

Our trapping (on public) is already outlawed, except for box traps, and it was written into the bill that wolves will never be hunted. This is why some of us are so opposed to this. If it was clear cut and said hey we want 300 pairs and then hunting will be allowed and it will look like this, I would be way less opposed to it, but when they want wolves on every piece of available habitat in the state and never want to regulate the population I have a serious issue with it

When wolves were introduced to Idaho, Montana and Wyoming, the original plan was for wolves to hit X breeding pairs in each state and to have Y number of wolves. It has been a while since I looked into it but I believe Idaho hit those numbers in 2007. The season was held up in litigation for years after that when special interest groups (some from the east coast) sued.
The problem is that no one wants to agree on a compromise and when one side does (usually hunters and ranchers) then the other side tries to undermine it.

 

[GoatPackr]

How can they remove wolves from.a state where they have not recovered? Is that any different than shooting them? How can Oregon give away a federally protected endangered species?

Kris

 

[cnelk]

Judge rules reintroduction to continue

Judge rejects livestock groups' request to delay Colorado wolf reintroduction

The decision came while Colorado wildlife officials prepared to capture wolves in Oregon for the reintroduction.

www.coloradoan.com

 

[UncleBone]

Judge rules reintroduction to continue

Judge rejects livestock groups' request to delay Colorado wolf reintroduction

The decision came while Colorado wildlife officials prepared to capture wolves in Oregon for the reintroduction.

www.coloradoan.com

Yep, very unfortunate.

 

[wapitibob]

How can they remove wolves from.a state where they have not recovered? Is that any different than shooting them? How can Oregon give away a federally protected endangered species?

Kris

They were removed from the ESL east of 395 in 2011, ODFW has control.

 

[MikeDeltaFoxtrot]

Presumably the plaintiffs are now running to the Tenth Circuit for relief. I'l take a look and report back.

 

[kpk]

Delaying the inevitable, CO has wolves and they will increase. Work on a Wolf Plan that creates a maximum number of pairs and allows hunting or trapping by the public to maintain that number. That's where we went wrong in OR.

And MN, WI, and MI. We have an insane amount of wolves here and it's been nearly 10 years since they've been hunted. I wish the Western states luck.