Case Summary
Issue:
Whether Congress may compel the delisting of a species from the Endangered Species Act list?
Plaintiff:
Alliance for the Wild Rockies, Friends of the Clearwater, Wildearth Guardians, Center for Biological Diversity
Defendant:
Ken Salazar, Secretary of the Interior; Rowan Gould, Acting U.S. Fish and Wildlife Service (FWS) Director; and the FWS
Intervenor:
The Montana Farm Bureau Federation, the Idaho Farm Bureau Federation and MSLF.
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Case History
On April 15, 2011, the President signed into law the Department of Defense and Full-Year Continuing Appropriations Act, 2011. Section 1713 of the Act directed the FWS to reissue the wolf Delisting Rule and provided that such action was not subject to judicial review. On May 5, 2011, the FWS reissued the Delisting Rule in accordance with Section 1713. That same day, various environmental groups filed lawsuits challenging the constitutionality of Section 1713, which were consolidated on May 24, 2011.
On May 27, 2011, MSLF moved to intervene for itself and its clients the Farm Bureaus to defend Section 1713. On June 12, 2011, the district court denied that motion. On July 26, 2011, MSLF appealed the denial of intervention to the Ninth Circuit.
On August 3, 2011, the district court entered summary judgment for the FWS, determining that Section 1713 was constitutional. As of August 11, 2011, the groups had appealed to the Ninth Circuit.
As of August 13, 2011, the groups had sought to consolidate the appeals, expedite the briefing schedule, enjoin application of Section 1713 and reissued the delisting rule in an attempt to make the scheduled Montana and Idaho wolf hunts illegal.
On August 18, 2011, MSLF filed motions to intervene or for leave to file an amicus curiae brief in each of these appeals, which the groups opposed on August 25, 2011.
Meanwhile, on August 22, 2011, the FWS opposed the expedited briefing schedule and the motion for emergency injunction. On August 25, 2011, the Ninth Circuit: denied the motion for an emergency injunction. On September 14, 2011, MSLF filed its opening brief in the intervention appeal. On September 19, 2011, the Ninth Circuit granted MSLF’s motion to intervene. After the matter was briefed fully by the parties, including MSLF, oral arguments were held before a three-judge panel on November 8, 2011.
