Posted on 08/04/2011 10:18:26 AM PDT by jazusamo
Federal Judge Donald Molloy held his nose and upheld a congressional rider Wednesday that removed Endangered Species Act protections from wolves in Idaho and Montana.
The ruling will allow wolf hunting seasons set to begin next month to proceed as planned.
Molloy, of Missoula, Mont., previously ruled against two federal rules that delisted wolves and scolded Congress Wednesday, saying the so-called wolf rider attached to a federal spending bill last May undermined and disrespected the rule of law.
"Inserting environmental policy changes into appropriations bills may be politically expedient, but it transgresses the process envisioned by the Constitution by avoiding the very debate on issues of political importance said to provide legitimacy," he wrote.
He said he believes the rider is unconstitutional, but noted he is bound by precedent to the contrary that was set by the 9th U.S. Circuit Court of Appeals. That court found similar moves by Congress did not violate the Separation of Powers Doctrine.
"If I were not constrained by what I believe is binding precedent from the Ninth Circuit, and on-point precedent from other circuits, I would hold Section 1713 (the wolf rider) is unconstitutional because it violates the Separation of Powers doctrine articulated by the Supreme Court."
As Congress debated a spending bill last spring, Rep. Mike Simpson, R-Idaho, and Sen. Jon Tester, D-Mont., attached the rider that ordered the secretary of interior to reissue a 2009 wolf delisting rule that Molloy found in violation of the ESA. It passed both houses and was signed into law by President Barack Obama.
A handful of environmental groups sued, claiming Congress does not have the power to interfere with pending litigation unless it changes the underlying law on which the litigation is based. The rider does not explicitly amend or even mention the ESA.
(Excerpt) Read more at standard.net ...
It also looks like there's an agreement between Wyoming and the feds on wolf delisting.
Judge Molloy Ping!
About damn time, now how do we lower the rat population in this country? Look at the major cities, they’re everywhere!
Brown rat - Wikipedia, the free encyclopedia
en.wikipedia.org/wiki/Brown_rat - CachedSimilar
In New York City there is great debate over the size of the rat population with estimates from almost 100 million rats to as few as 250000. ...
It’s past time to do something about all types of rats. :)
Well if anyone knows how to undermine and disrespect the rule of law, it's certainly Judge Molloy. Ha ha!
Thanks for the ping, Jaz. And no doubt it must have nearly killed him to let this ruling stand!
Center for Biological Diversity director Kieran Suckling said Molloy essentially provided directions for reversing the government’s case.
“If you have to lose a court case, this is about the best possible way to do it,” Suckling said on Wednesday. “He lays out the pathway for environmentalists to appeal the decision to the Ninth Circuit and have it overturned.”
“He leaves that open here,” Suckling said. “I think if a new wolf listing decision can be made, we can start again from scratch and aren’t held back by the rider
http://missoulian.com/news/local/article_46773a76-be2d-11e0-a73f-001cc4c03286.html
Thanks, george.
I think Suckling is grasping at straws and knows it. CBD has spent a huge amount of time on this and it looks like they’ve lost it.
I believe if there was a way Molloy could have shot this down he would have, he knows the previous 9th Circus view and knew when to throw in the towel.
Well, if there are only as few as 250000, then they all are at my place!
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