Collette Adkins Giese, Herpetofauna Staff Attorney for the Center for Biological Diversity, argues that the recent decision upholding congressional action to remove wolves from the endangered species list leaves the species without the federal protections they need…

The Center for Biological Diversity and our allies suffered a recent defeat in the ongoing saga over the legal status of wolves in the northern Rocky Mountains. A federal judge for the US District Court for the District of Montana upheld the constitutionality of an appropriations rider removing Endangered Species Act (ESA) protection from wolves in Montana, Idaho, Oregon, Washington and Utah.

The rider sets a dangerous precedent, marking the first time that Congress—rather than scientists—took a plant or animal off the endangered species list. The rider did not actually amend the ESA. Rather, it directed the US Fish and Wildlife Service to reissue the same delisting rule that a federal court already struck down as illegal. That is why we brought a challenge under the separation of powers doctrine.

While we are disappointed that the judge upheld the constitutionality of the rider, we certainly share his distaste for Congress’s actions. Judge Donald Molloy explained that the Endangered Species Act “protects imperiled species, without regard to the popularity of the animal or plant. It does not just protect species when politically convenient. … [The rider] sacrifices the spirit of the ESA to appease a vocal political faction.” He further described the rider as “a tearing away, an undermining, and a disrespect for the fundamental idea of the rule of law.”

Beyond harming the ESA and infringing on the judiciary, the rider leaves wolves without the federal protections they need. Hunting of wolves will soon begin in Idaho and Montana. We hope to stop these hunts and restore Endangered Species Act protections to the wolves through an appeal to the Ninth Circuit.

Collette Adkins Giese received her law degree from the University of Minnesota, where she also earned a master’s degree in wildlife conservation. Before joining the Center for Biological Diversity, Giese was in private practice, where her pro bono work focused on preservation of endangered species and their habitats. She also served as a law clerk to the Honorable John Tunheim in the US District Court for the District of Minnesota.

Suggested citation: Collette Adkins Giese, Congressional Action a Dangerous Precedent for Endangered Species, JURIST – Hotline, Aug. 15, 2011, http://jurist.org/hotline/2011/08/collette-adkins-giese-endangered-species.php.