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Mon September 12, 2011
Wolf groups file 9th Circuit appeal
BOISE, Idaho – Two wolf advocacy organizations officially made their case last week in federal court to get wolves listed as endangered species. They want the 9th Circuit Court of Appeals to rule that taking wolves off the Endangered Species list earlier this year was unconstitutional.
The Alliance for the Wild Rockies and the Center for Biological Diversity claim in a 65-page court appeal filed Thursday that the Congressional budget rider used to delist wolves was unconstitutional.
They contend the rider uses the same formula the U.S. Fish and Wildlife Service used to delist wolves back in 2009. That was later overturned by Judge Donald Malloy who said the move was illegal. The only way the rule could have been legal was to amend it or to amend the Endangered Species Act which has been in place since 1973.
The Alliance for the Wild Rockies and the Center for Biological Diversity claim the budget rider quote “violates the separation of powers doctrine enshrined in the U.S. Constitution.”
They point to a U.S. Supreme Court case where the justices determined if Congress passes a law impacting the court’s decision without amending existing law, Congress then exceeds its authority.
The defendant in the case, the Department of Interior now has until Oct. 14 to respond. A hearing is expected in November. Until then, wolf hunts in both Montana and Idaho will continue.