Judge Molloy Upholds Congressional Rider Delisting Wolves
U.S. District Court Judge Donald Molloy used 18 pages to write his decision on the appeal brought on by several conservation groups against congress in delisting the gray wolf. The wolf will remain delisted in Montana and Idaho. He was very thorough in his decision, but he pointed out areas where congress may have overstepped their power. "If I were not constrained by what I believe is binding precedent ... I would hold Section 1713 is unconstitutional because it violates the Separation of Powers doctrine," Molloy wrote "It is not the role of the judiciary to write the law," Molloy wrote. "In my view, the Ninth Circuit's deference to Congress threatens the Separation of Powers; nonspecific magic words should not sweep aside constitutional concerns."
In April, Montana Senator Tester and Idaho Rep. Simpson added a must pass appropriation removing the wolves from the endangered species list, they added that this would not be changeable under judicial review. More or less tying Molloy's hands to where he could not act. Tester was pleased with the decision though. "Returning Montana's wolves to Montana management was the right thing to do, and we did it in a responsible way with utmost respect to existing law and to our Constitution," Tester wrote. "Now that the court has agreed, it's time to move forward with Montana's wolf management plan for the sake of our livestock, our wildlife, and for better management of wolves themselves."
This isn't the end to the wolf controversy, Alliance for the Wild Rockies, Center for Biological Diversity and several other conservation groups are taking Interior Secretary Salazar to court over this change. These groups feel that Molloy did the best he could with what he had, and that he basically outlined what they have to do to change the wolves' listing. However they are unsure if they can get an appeal going before hunting season begins.
Idaho has no quota and their season is set to begin September 1st, and Montana's quota is 220 with a season to start October 22nd. From The Missouilian.