On June 2, 2009, a coalition of conservation groups (including the Alliance) represented by Earthjustice filed suit in U.S. District Court in Montana against the U.S. Fish and Wildlife Service for its April 2009 decision to remove wolves in Montana and Idaho from Endangered Species Act protection.

On August 5, 2010, U.S. District Judge Donald Molloy ruled in the case, deciding that the act does not allow Fish and Wildlife to remove federal protection of wolves in those states, while keeping protections for wolves in Wyoming. This ruling effectively reinstated Endangered Species Act protections for all Northern Rockies gray wolves.

Essentially, Molloy ruled that wolves in Wyoming, Idaho and Montana either all have to be under federal protection, or all under state management plans that ensure the viability of the species.

"The Northern Rocky Mountain gray wolf distinct population segment must be listed, or delisted, as a distinct population and protected accordingly," Molloy wrote in his decision. He ruled that the Endangered Species Act does not allow the U.S. Fish and Wildlife Service to list only part of a species as endangered, and ordered that the rule delisting wolves in Montana and Idaho must be set aside. (Click here for Molloy's complete ruling, and here for our press release about it.)

This ruling validates the conservation groups' contention that the April 2009 federal rule delisting wolves contradicted Fish and Wildlife’s own stated policy that wildlife populations must be considered by region. (The delisting rule excluded wolves in Wyoming because the U.S. Fish and Wildlife Service determined that Wyoming's current state law and wolf management plan -- which basically classifies wolves as predators that can be killed on sight throughout most of the state -- are not sufficient to conserve its portion of the Northern Rocky Mountain gray wolf population. While the coalition agreed that Wyoming’s wolves should remain under federal protection, we questioned both the legal and biological consequences of separating out a part of what is already a small, distinct population. The coalition also contended that Idaho and Montana's management plans would severely limit the number of wolves in the Greater Yellowstone ecosystem, isolate wolf populations and increase the long-term risk of inbreeding.)

Molloy's ruling may result in Montana and Idaho putting pressure on Wyoming to reject the predator zone in favor of trophy game status for wolves statewide, in which case people who wanted to kill wolves would have to apply for a hunting license to do so.

Highlighting the controversy surrounding this issue, Wyoming Attorney General Bruce Salzburg sought a ruling (also on June 2, 2009) from a federal judge in Cheyenne that would include Wyoming’s wolves in the April 2009 delisting. This suit is still pending, but may become moot due to Molloy's recent ruling.

Meanwhile, during Spring 2010, despite reports from Wyoming Game and Fish that elk hunter success remains high, and that overall herd numbers are over objective, some outfitters expressed concerns that wolves are solely responsible for low cow/calf ratios, or low numbers, in segments of some of Wyoming's elk herds. For an excellent Casper Star-Tribune editorial titled "Don't blame wolves for elk hunting woes" from March 19 that addresses this issue, please click here. On April 28, the Jackson Hole News&Guide also ran two pertinent and well-researched articles worth checking out: “Wolves make few unnecessary elk kills, study says” (available by clicking here) and “State elk count 34 percent above objective” (click here). (Another News&Guide article that ran on May 12 titled "Moose declines puzzling" (click here for a link) reports that poor habitat, malnutrition and various predators are all taking a toll on Jackson Hole's moose population, although experts disagree about the degree to which predators are responsible.)

The Jackson Hole Conservation Alliance believes that Wyoming and the U.S. Fish and Wildlife Service need to use the best available science for a wolf management plan that will work for the health of all species -- predator and prey alike.

Our goal is to have the Wyoming Legislature eliminate the wolf predator zone, designate the entire state (excluding national parks) a trophy game zone, and to have the Wyoming Game and Fish Commission and the U.S. Fish and Wildlife Service use the best available science in managing wolves so as to assure their long-term viability, including consistent interconnections between the wolves in Idaho, Montana and Wyoming.

We’ll keep you posted on this issue as it plays out. Meanwhile, background information is provided below.

Background information:

On March 6, 2009, Interior Secretary Ken Salazar announced the federal government's decision to proceed with eliminating Endangered Species Act protections for wolves in the northern Rockies, except for those in Wyoming. (This decision revives a second delisting attempt begun by the Bush administration that was halted in January for review when the Obama administration took office. The first delisting attempt took place in March 2008. Groups including the Conservation Alliance, represented by Earthjustice, successfully sued to get the protections reinstated in July 2008.)

A Department of the Interior press release dated March 6, 2009, stated that "The U.S. Fish and Wildlife Service decided to delist the wolf in Idaho and Montana because they have approved state wolf management plans in place that will ensure the conservation of the species in the future. At the same time, the Service determined that wolves in Wyoming would still be listed under the Endangered Species Act because Wyoming's current state law and wolf management plan are not sufficient to conserve its portion of the northern Rocky Mountain wolf population."

After unsuccessful attempts to alter Wyoming’s wolf management plan during the Winter 2009 state legislative session, it remains unchanged: Wolves are considered trophy game only in the northwest corner of the state; in the remaining 88 percent of Wyoming, wolves are considered predators, subject to killing by anyone at anytime, by virtually any means.

The federal split-delisting decision came as Yellowstone Park wolf populations declined by 27 percent during 2008 -- one of the largest declines reported since wolves were reintroduced to Yellowstone in 1995. (The wolf population in Yellowstone declined by another 23 percent in 2009.)

Wolf populations in the northern Rockies don't mix enough between the Greater Yellowstone ecosystem, central Idaho and northwest Montana to prevent inbreeding, thus the species' long-term health and survival is at risk. Independent scientists say that between 2,000 and 3,000 wolves are needed to have a sustainable, fully-recovered population. However, after delisting, the northern Rockies wolf population may be allowed to drop to only 300 to 450 wolves.

In addition to Wyoming, Montana and Idaho also haven't made enforceable commitments to maintaining viable wolf populations within their borders. Both Idaho and Montana had wolf hunting seasons in 2009, as well as aggressive “control” programs. In 2009, Montana "removed" 145 wolves by agency control and 72 by hunting, and Idaho removed 93 by agency control and 134 by hunting. In Wyoming, 32 wolves were removed by agency control.

On April 2, 2009, the delisting rule was published in the Federal Register and the rule took effect on May 4, 2009. (Click here for a PDF of the published rule.)

For more information, please contact Louise Lasley at (307) 733-9417 or Louise@jhalliance.org.

Northern Rockies Gray Wolves Timeline:

Late 1920s: It's generally assumed that the last of Wyoming's original wolves was killed in 1927, however sightings were reported as late as the early 1940s.

Late 1930s: Most wolves have been exterminated everywhere in the United States, except for Northern Minnesota.

1973: Congress passes the Endangered Species Act.

1974: Gray wolves are listed as an endangered species in 47 of the lower 48 states. (They're listed as threatened in Minnesota.)

1995 and 1996: Thirty-one Canadian-born wolves are released into Yellowstone National Park.

March 28, 2008: The U.S. Fish and Wildlife Service took wolves in the Northern Rockies off the endangered species list, and their management shifted from the federal government to the game departments in Wyoming, Idaho and Montana. In Wyoming, this meant that wolves venturing into the newly created predator zone (88 percent of the state) were subject to being killed by anyone at any time and by nearly any means. (As of mid-July, 24 wolves were reported killed in Wyoming since delisting began -- 12 were killed in the predator zone, eight were killed outside the predator zone to control depredation, two were killed by cars, one died naturally, and one was illegally killed near Moran. A total of 91 wolves were reported killed in Idaho, Wyoming and Montana between March 28 and mid-July.)

April 28, 2008: The Conservation Alliance, along with 11 other organizations, filed a lawsuit in U.S. District Court in Montana to have the delisting decision overturned. The original recovery goal for gray wolves in the Northern Rockies was to build a total population of 300 -- about 100 in the greater Yellowstone area (mostly in northwest Wyoming), 100 in central Idaho and 100 in northwest Montana. The federal government's original objective, which was drafted in 1987 and finalized in 1994, also called for at least 30 breeding pairs spread across the three groups, and some genetic interchange among them to prevent inbreeding. During 2008, the U.S. Fish and Wildlife Service estimated that there were about 1,500 wolves in the three states and more than 100 breeding pairs. But a geneticist with the Natural Resources Defense Council (one of the lawsuit participants) says that scientists now understand that there should be 2,000 to 5,000 wolves in the Northern Rockies before the federal government can call the species "recovered" here. (Click here for more information about the lawsuit.)

Also on April 28: The conservation groups also filed a request for an immediate injunction that would return wolf management to the U.S. Fish and Wildlife Service while the above case was being heard.

July 18, 2008: The above injunction took effect on July 18, when U.S. District Judge Donald Molloy granted our request and reinstated Endangered Species Act protection for wolves in Wyoming, Montana and Idaho while our lawsuit challenging delisting worked its way through the courts. In his injunction ruling, Molloy said the federal government had not met its own standard for wolf recovery, and that wolf-control laws in the three states were "more than likely to eliminate any chance for genetic exchange to occur." Such exchange is needed to ensure healthy wolf populations. In the wake of Molloy’s decision, all three states postponed their plans to establish wolf-hunting seasons this fall. For more information about the injunction ruling, click here.

Sept. 19, 2008: Wyoming State Rep. Keith Gingery (R-Jackson) announced plans to introduce a bill during the next legislative session to change Wyoming's current "dual classification" wolf management plan. Gingery's proposed bill would remove Wyoming's wolf predator zone, and instead make the entire state a trophy game zone, where people would have to apply for wolf hunting licenses.

Sept. 22, 2008: It was expected that the federal government would appeal Molloy's injunction decision. But instead, on Sept. 22, the U.S. Fish and Wildlife Service began the process of having wolves relisted. Click here for a press release about the action.

Sept. 29, 2008: A federal judge in Washington, D.C., ruled in another wolf case, this one brought by animal rights and pro-wolf groups challenging U.S. Fish and Wildlife's final rule delisting the Western Great Lakes wolf population. In this case, the judge ruled that the agency erred in delisting those wolves in February of 2007. The judge found that Fish and Wildlife’s decision to break wolf populations into distinct population segments violated the Endangered Species Act, thus making the delisting order illegal. (We had also challenged Fish and Wildlife’s decision to segment the Northern Rockies wolf population, but the judge in our case focused on other issues, such as population connectivity and shortcomings of the states’ wolf management plans.)

Oct. 14, 2008: U.S. District Judge Donald Molloy granted Fish and Wildlife's motion to withdraw its delisting rule, making our lawsuit moot. For now, Northern Rockies gray wolves are officially back on the list of endangered species. Click here for a PDF of the judge's order.

Oct. 27, 2008: The Associated Press reported that Doug Smith, wolf project leader for Yellowstone National Park, predicted that the park's wolf population would continue to decline in 2009 due to disease (probably distemper), and to a relatively high number of adult wolves killing other wolves. The U.S. Fish and Wildlife Service's recently released midyear census figures for Wyoming counted 332 wolves in 34 recognised packs statewide, including those in Yellowstone National Park, versus 362 wolves in 33 packs in 2007. The number of breeding pairs in Wyoming also declined from 27 in 2007 to 22 in 2008.

Oct. 28, 2008: The U.S. Fish and Wildlife Service asked the public to comment again by Nov. 28 on its unchanged 2007 proposal to delist Northern Rockies gray wolves. On Nov. 3, 13 groups including the Alliance formally asked the government to extend the comment period to January, but, in a letter dated Nov. 25, this request was denied. Click here for a PDF of the Conservation Alliance's comments.

Jan. 12, 2009: Yellowstone National Park officials reported that the number of wolves in the park declined from 171 in 2007 to 124 in 2008. The number of breeding pairs in Yellowstone also decreased from 10 to six, marking the lowest number recorded since 2000. Distemper, mange and wolves killing each other are the most likely causes of the decline, park biologists said.

Jan. 14, 2009: The U.S. Fish and Wildlife Service announced that it will remove Northern Rockies gray wolves from federal protection everywhere but Wyoming.

Jan. 21, 2009: The day after the Jan. 20th inauguration, the incoming Obama administration took immediate steps to halt implementation of last-minute rules and regulations made by the outgoing Bush administration. All changes proposed that had not yet been published in the Federal Register (including wolf delisting) were put on hold pending re-evaluation.

March 6, 2009: Interior Secretary Ken Salazar announced the federal government's decision to proceed with eliminating Endangered Species Act protections for wolves in the northern Rockies, except for those in Wyoming.

April 2, 2009: The U.S. Fish and Wildlife Service published its new delisting rule for Northern Rockies gray wolves in the Federal Register; Conservation groups including the Alliance, represented by Earthjustice, served Fish and Wildlife with a notice that the delisting violates the Endangered Species Act.

May 4, 2009: The new delisting rule took effect.

June 2, 2009: A coalition of 12 conservation groups represented by Earthjustice filed suit in U.S. District court in Montana against the U.S. Fish and Wildlife Service for its decision to remove wolves in Montana and Idaho from Endangered Species Act protection.

August 21, 2009: The coalition, which includes the Conservation Alliance, asked a federal district court to block fall wolf hunts in Idaho and Montana.

Sept. 8, 2009: U.S. District Judge Donald Molloy issued an order finding that the delisting of wolves in the northern Rockies was likely illegal. But he declined to stop wolf hunts in Idaho and Montana, because the coalition did not prove that a single hunting season at these levels in Montana and Idaho would "irreparably harm" the wolf population as a whole.

August 5, 2010: U.S. District Judge Donald Molloy ruled that northern Rocky Mountain gray wolves must be listed, or delisted, as a distinct population and protected accordingly. He vacated the U.S. Fish and Wildlife Service's April 2, 2009, rule delisting wolves in Montana and Idaho, and effectively reinstated Endangered Species Act protections for all Northern Rockies gray wolves.