Posted on 03/05/2011 11:30:36 AM PST by george76
In January, U.S. District Judge Donald W. Molloy issued an “Order to Show Cause” to parties in a lawsuit (CV-08-14-M-DWM, filed January 2008) by Defenders of Wildlife. Defenders sued, claiming that wolf-management regulations the government issued under Endangered Species Act Section 10(j) authority allow too many wolves to be killed via management actions.
Case 14 was stayed in April 2009 while the larger wolf delisting issue was fought out in another lawsuit from Defenders
...
So what, and how, is Judge Molloy thinking? Before becoming a judge in 1996, Molloy was working a case for Trial Lawyers for Public Justice, or TLPJ. TLPJ’s website brags it was “founded in 1982 at Ralph Nader's urging [no kidding]” to pursue litigation that would, as Nader biographer David Boller wrote, “forge new public policy in the process.” To translate, TLPJ’s lawyers don’t practice law, they re-write it in court.
Bluntly put, Sen. Max Baucus’s nomination of a smart activist lawyer working for a Naderite activist group stuck Montana with a smart activist judge. Molloy is smart enough to realize that public outrage over his relisting decree in case 77 finally woke Congress from its coma.
However, legislation exempting wolves completely from the howling madness of the ESA won’t be passed into law any sooner than 2013. Molloy therefore has a chance to defuse the issue enough that Congress returns to sloth without changing the law – and therefore rendering Judge Molloy, and all his hard work, moot.
I fully expect Molloy to dismiss case 14. First, dismissal clears his docket. Second, a dismissal would clear away not only the central point of case 77, that the ESA “does not allow a distinct population segment to be subdivided,” but also clean up the genetics problem that partly foiled the first delisting effort ...
(Excerpt) Read more at flatheadbeacon.com ...
Do states, or anyone, have the right to set limits on the spread of ESA-listed dangerous predators, including their impacts on not just other wildlife, but society?
The governor of Idaho has ordered all agencies of the state to ignore any wolf related shootings. No money is to be spent protecting wolves and agencies such as Idaho Dept of Fish & Game are prohibited from cooperating with the feds. Where I live, wolves have been a part of the wildlife ecology continually since before man settled here. The Canadian wolves absolutely ignore the international border.
The feds only wanted 300 wolves inside of Yellowstone, now we have thousands all over the place...all non native, imported from Canada
Once again proving that you can’t control things once you get them rolling. Unless they want us to shoot some wolves in the park. BTW, there is a high likelihood that the wolves will soon cause an epidemic of tapeworm, spreading it from Canus Lupus to Canus Familiarus.
There, fixed it.
Even Oregon ranchers are being invaded by these vicious killers
This piece doesn’t seem to address the fact that Molloy is going senior status or some such thing and will only be on an appeals court from time to time. At least that’s what I understood, is that right?
I couldn’t quite follow this piece because of the different cases referred to but it sounds like Molloy is an activist that more less sided with enviros, is that what you get from it?
mark
Molloy was employed by for Trial Lawyers for Public Justice, or TLPJ, aka Ralph Nader...
Now expect Molloy to dismiss case 14. The imported Canadian wolves have lost their experimental status via the Ninth Circuit Court and the Chad McKittrick case.
With the experimental status gone, all these wolves will be officially “endangered” under the law, with the minimal “flexibility” allowed under 10(j) gone.
This Green “win” hopefully leaves an irate public to harass the politicians to change the law. Interesting if 0 and Reid can delay this until 2013.
Thanks, George, got it now.
Which reminds me, what ever happened to FReeper Howlin’?
She climbed on her broom and flew away.
She kept pushing Rudy here in 2008 and was summarily executed..I mean banned.
Right now, I’d say Muslims are a greater threat than wolves and we have less about them.
So hypothetically they could introduce Delta Smelt in waterways that didn’t have them before, declare them endangered, and seize control.
Anything to promote UN Agenda 21
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