Wyoming Wolf Appeal

mightyhunter

Very Active Member
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1,183
https://www.cadc.uscourts.gov/internet/opinions.nsf/E2381C96826F09F4852580D80057B29F/$file/14-5300-1664135.pdf
You can read it for yourself. I am surprised at the decision.

just sayin...mh
 
Page 10 and 11 set forth the issue before the court. That issue is discussed thereafter and The District Court Judge is reversed. The court sides with the State of Wyoming and the USFWS on the issue of delisting wolves in Wyoming.
 
The link I posted doesn't work. The case is 14-530 in the District of Columbia Federal Court of Appeals entitled Defenders of Wildlife vs. Zinke. It was just published this morning after a 5 1/2 month wait. The court publishes the decisions online.
 
LAST EDITED ON Mar-03-17 AT 11:46AM (MST)[p]
https://www.cadc.uscourts.gov/internet/opinions.nsf/E2381C96826F09F4852580D80057B29F/$file/14-5300-1664135.pdf

It is all there just was not captured as the link, I just copied both lines and pasted and it worked.

DZ
 
jm77,
I called the Cody Office of Game and Fish early this morning to let them know about the decision. They knew nothing about it. I believe the Predator Zone rules are still valid. They will have to set seasons and issue tags if they are going to offer a hunting season in 2017. I suspect the decision caught the Game and Fish off guard. I couldn't find anything on their website about it. The appellate court decision is very thorough and they picked apart the District Judge's (Amy Berman Jackson)decision. Not a good day to be an eco-elite.

just sayin...mh
 
>jm77,
>I called the Cody Office of
>Game and Fish early this
>morning to let them know
>about the decision. They knew
>nothing about it. I believe
>the Predator Zone rules are
>still valid. They will have
>to set seasons and issue
>tags if they are going
>to offer a hunting season
>in 2017. I suspect the
>decision caught the Game
>and Fish off guard. I
>couldn't find anything on their
>website about it. The appellate
>court decision is very thorough
>and they picked apart the
>District Judge's (Amy Berman Jackson)decision.
>Not a good day to
>be an eco-elite.
>
>just sayin...mh

It surprises me they didn't hear it immediately MH, but then again it doesn't. It's amazing, if you know enough red shirts, you'll find out sometimes the left hand doesn't know what the right hand is doing.

I think predator zone is still in place, we should know soon. I know there are wolves around central Wyoming, but they are extremely wary. Should be interesting!
 
I'll spend the $185.00 for a Non-Ressy tag and head up to Cody this winter if they get it all organized.

Thanks for the heads-up mh

Robb
 
I could not find it in the actual judicial opinion, but I read in a couple of articles that the decision of the 3 judge panel is stayed pending an appeal from the eco-elite groups that lost yesterday. That would suggest that the predator zone wolves are safe for now. Those wolves in the trophy zone are still off limits. This could drag out for some time if there is a stay. The decision of the D.C. Circuit Court of Appeals could be appealed to the entire D.C. Circuit Court of Appeals and perhaps to the U.S. Supreme Court. Any appeal would be for the sole purpose of delay.

The House and Senate Bills that have been introduced in 2017 as "stand alone" legislation, delisting the wolf without challenge, should be pushed forward ASAP to take the entire matter out of the hands of the judicial branch.

just sayin...mh
 
The Defenders of Wildlife et. al. in this case have a certain time to request a panel rehearing of the case by the same 3 judges or a rehearing en banc by the entire panel of appellate judges in the D.C. Circuit. I believe the time limit is 45 days, but I could be wrong on that.

To have a review of the decision en banc would require a showing of exceptional importance or conflicts with an existing SCOTUS opinion. To have the decision flipped by the same 3 judge panel would require two of the three judges to change their minds Either way, it is my opinion that this is the end of the road for the eco-elites however they may allow the stay run out to stop any wolf killing for the 45 days. This should give the Wyoming Game and Fish sufficient time to get their plan together for the Predator Zone and the Trophy Zone.

just sayin...mh
 
LAST EDITED ON Mar-07-17 AT 12:00PM (MST)[p]MH

All wolf management is currently in regulation, was this decision not a vindication of that management plan?

I don't think anything will change and it will be business as usual when they get the green light.

http://bit.ly/2lxTKmX
 
jm77,

The regulation concerning the Predator Zone should not change including the boundaries of that zone. It is just being held in abeyance until the latest appeal period expires.

The trophy zone will require the Wyoming Game and Fish to establish harvest quotas and seasons for the trophy zone. I would expect that Game and Fish are doing this right now while the time for appeal is running. Historically, the trophy zone seasons were in the Fall. It is possible that the quotas may be higher because there has been no wolf hunting since 2013. With state management, Wyoming has the right to determine all the ground rules in the trophy zone. Hopefully, when the appeal period has expired the Wyoming Game and Fish will have set seasons and a quota for harvest. My guess is they are not there yet.

When I spoke with Big Fin of RMEF, he indicated that they were not anticipating this outcome and not this soon. I expected a decision this soon, but I was anticipating an affirmation of the Federal District Judge's opinion relisting the wolves. The D.C. Circuit is a notoriously liberal court stacked with a lot of judicial activist judges. The decision was a sharp rebuke to the Federal District Judge and to the eco-elites. It may well be that the flimsy basis for the trial judge's initial decision was too much for the court to go with. I liken it to the fact that the three judge court may have felt that they couldn't make "chicken salad" out of "chicken sh**". It is also possible that their opinion may have been a clear message that they don't want these delisting decisions in the West and Midwest to be decided by the D.C. courts.

The precedent established by this last decision is pretty simple. Basically, the appellate court is saying that if the USFWS follows all the procedures and rules to delist a protected species, it is not the purpose of the court to second guess the science and ultimately the decision making of that agency.

just sayin...mh
 

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