Report compiled from the Associated Press
and reports forwarded to Yellowstone Wolf Tracker by Defenders of Wildlife
(1-13-2000) The 10th Circuit Court of Appeals in Denver today overturned a
lower court's 1997 ruling that the 1995 and 1996 Yellowstone wolf
reintroductions were illegal."Discerning no conflict between the challenged experimental population rules and the Endangered
Species Act, we reverse the district court's order and judgment," the 10th Circuit said (97-8127et al.).
The long-awaited decision had taken about 5 months to reach. The 10th Circuit Court of Appeals ruled
in a 39-page opinion that reversed the lower court ruling which had given a temporary victory to wolf
opponents who feared wolves would prey on their livestock and infringe upon hunting opportunities.District court Judge Downes in Wyoming ruled in 1997 that the wolves must go, but also postponed the
removal by staying his order, saying the wolves could remain until a higher court decided the matter.
Wolf opponents and advocates argued before a three-judge panel of the 10th Circuit Court of Appeals in
July, 1999, focusing on what constituted a wolf population.The district court's ruling had called for removal of all the wolves and their offspring, an action that
pleased the American Farm Bureau Federation (AFBF), which was behind the lawsuit, but that
Defenders of Wildlife called a virtual death sentence. Today AFBF President Dean Kleckner, who called
for removing the wolves, lost his job in an election."It's a new day for wolves in more ways than one. The Yellowstone wolves have been given a new lease
on life and so has the principle that science -- not politics -- should guide wildlife restoration efforts in
America," said Rodger Schlickeisen, President of Defenders of Wildlife. "It's been two long years since
the district court's ruling because of the obstinacy of the AFBF and Kleckner, but ironically he lost his
job on the same day the Farm Bureau lost the suit." Schlickeisen concluded, "We are very pleased that
reason won in this case and that the wolves will be allowed to remain in the park so that future
generations may enjoy them. We've known all along that the Farm Bureau's lawsuit was wrong legally
and morally."Using the experimental designation of the Endangered Species Act (ESA), 66 wolves were released into
Yellowstone National Park and central Idaho in 1995 and 1996. Experimental designation undersection
10(j) of the ESA allows ranchers to shoot wolves ifcaught in the act of killing livestock on private lands.
The 1997 ruling, spurred by an American Farm Bureau Federation lawsuit, claimed that such
designation was illegal and put any naturally occurring wolf populations at undue risk, since a naturally
occurring wolf would be fully protected under the ESA. No naturally occurring wolves are in
Yellowstone, and any pre-existing wolves in Idaho are flourishing now only because of the tremendous
success of the reintroduction program.Defenders President Schlickeisen noted that "The wolves are doing better than ever expected. They are
reproducing, hunting natural prey, and doing their part to return one of America's greatest treasures to
its healthy, natural state. Except for some rare instances in which Defenders of Wildlife has reimbursed
the rancher, the wolves are mostly staying away from livestock. It is incomprehensible that the Farm
Bureau has been so determined to kill these wolves and their offspring." Defenders maintains its
$200,000 Wolf Compensation Trust to compensate ranchers, at fair market value, for any losses due to
wolves.This is very good news for the Yellowstone Wolves.
If you visit Yellostone Tracker, please visit their update on the recovery programs.
![]()