Wildlife and People

Radicals Join Simpson, Tester, Baucus in Wolf Delisting Fraud

In an article prepared by the radical enviro cult and printed in the Main Stream Government Press (MSGP), eco-litigious pro-wolf-anti-everything-else groups have proposed a “compromise agreement” for consideration by retiring Wolf Judge Donald Molloy.

We will parse the news article for your edification.

Feds, wildlife groups agree to delist Montana wolves

By the Associated Press, March 18, 2011 [here]

BILLINGS - Facing mounting pressure from Congress over gray wolves, wildlife advocates reached an agreement with the U.S. Department of Interior on Friday to lift the species’ federal protections in Montana and Idaho and allow hunting to resume. …

Note that there is no author given other than AP. That’s a ruse. Of course somebody authored the article; they just don’t want their name used. And the MSGP accommodates, because they don’t their readers to know who authored the article, either.

It came straight from the radical eco-litigious groups. They write the articles and AP distributes them as “news”. The MSGP newspapers print them as if they were the work of independent “fair and balanced” journalists, whereas in fact they are pure propaganda written by the most extremely biased.

Note also that the radical pro-wolfers are called (call themselves) “wildlife advocates” whereas in fact they hate wildlife and want most species slaughtered to extinction. That’s why they promoted the introduction of exotic wolves in the first place — to slaughter elk, deer, moose, rabbits, and everything that moves, and livestock, and pets, and human children. They don’t advocate for those other wildlife species because some species are more equal than others, in their eyes.

The settlement agreement - opposed by some environmentalists - is intended to resolve years of litigation that have shielded wolves in the Northern Rockies from public hunting, even as the predator’s population has sharply expanded.

That’s false. The so-called “agreement” [here] does not resolve litigation. The eco-litigants promise only to forestall litigation on certain esoteric points of law regarding wolf delisting and only for a period of three to five years:

10. Settling Plaintiffs agree that they will not, either collectively or individually, file a lawsuit, raise claims against, or otherwise challenge in court before March 31, 2016 any final delisting or reclassification rule issued pursuant to paragraph 5, above.

11. Settling Plaintiffs agree that they will not, either collectively or individually, petition Federal Defendants to list either the NRM DPS (as defined by the 2009 Rule), or any wolf population or subpopulation located within the NRM DPS (as defined by the 2009 Rule), for a period of three years after this Agreement becomes operative pursuant to paragraph 1, above.

Read it carefully. The signers promise not to sue for five years over “paragraph 1 above” which is a restatement of Judge Molloy’s August 5, 2010 Order and only that portion of the Order that threw out the USFWS’s 2009 delisting rule in the States of Idaho and Montana. For Judge Molloy’s entire August 2010 ruling see [here]. In addition the signers promise not to sue for three years over “paragraph 5 above” which calls for Wyoming to come up with new wolf management plan. They will sue at the drop of a hat over every other point of law having to with wolves. And their promises aren’t worth spit.

In his August 2010 ruling, peppered with phrases such as “stentorian agitprop” and “Talmudic disagreement”, Judge Molloy wrote:

The Endangered Species Act does not allow the U.S. Fish & Wildlife Service to list only part of a “species” as endangered, or to protect a listed distinct population segment only in part as the Final Rule here does; and

the legislative history of the Endangered Species Act does not support the Service’s new interpretation of the phrase “significant portion of its range.” To the contrary it supports the historical view that the Service has always held, the Endangered Species Act does not allow a distinct population segment to be subdivided.

Clearly the Judge ruled that the USFWS may NOT separate wolves into an Idaho-Montana sub-population and a Wyoming-Utah-Washington-Oregon sub-population. But that’s exactly what the proposed “agreement” proposes to do.

If Judge Molloy accepts the “agreement,” then his August 2010 ruling isn’t worth the paper it was written on. He would have to do a complete about-face, a backwards flip-flop as it were.

In November of 2011 United States District Judge Alan B. Johnson ruled that the United States Fish and Wildlife Service’s (USFWS) rejection of the Wyoming Wolf Management plan was arbitrary and capricious [here].

Judge Johnson is in District of Wyoming, subject to the United States Court of Appeals for the Tenth Circuit. Judge Molloy is in the District of Montana, subject to the United States Court of Appeals for the Ninth Circuit.

Molloy cannot overrule Johnson. It’s beyond his jurisdiction. Molloy cannot agree to special strictures on Wyoming because Wyoming is not in his District.

The Obama Administration lawyers know all this. The apparent acquiescence by the USFWS to the “agreement” is just more legal worm food. They know the “agreement” is a crooked one and cannot be endorsed or enforced by Molloy. It’s just more Full Employment for Lawyers. It solves nothing and does not reduce litigation — it expands it.

Those niceties did not stop the Obamaloids, in the form of political operatives Deputy Secretary David J. Hayes, Acting Service Director Rowan Gould, and you guessed it, Mr. Tamper himself, Secretary of the Interior Ken Salazar from signing on to the “agreement” [here].

ALL the eco-litigants did NOT sign on, however. From the AP article:

Attorneys for Earthjustice previously represented most of the plaintiffs in the case. They withdrew this week citing “ethical obligations” …

“We’re going to defend the judge’s ruling,” said Tom Woodbury with the Western Watersheds Project, referring to Molloy’s 2010 order that reinstated protections for wolves in Idaho and Montana.

Get that? The biggest and richest eco-litigious law firm in the world, Earthjustice (formerly Sierra Club Legal Defense) had some “ethical” pangs and refused to sign. Another refuser was the Western Watersheds Project, now flush with $22 million they extorted from the El Paso Corp over the Ruby Pipeline [here].

There is no honor among thieves, and some of the thieves are already giving the other thieves the finger. Meaning that eco-litigation will proceed apace, regardless of what the “agreement” promises and whether Molloy accepts it or not.

Speaking of thieves, the “agreement” is exactly the trick that RINO Mike Simpson, Holocauster Jon Tester, and Porkulus Max Baucus are trying to pull in Congress [here].

It’s all a fraud. The only rational and fair thing to do is to take wolves off the ESA list because they ARE NOT ENDANGERED, something that everybody involved now agrees about.

HR509 and S249, the “State Sovereignty Wildlife Management Act,” are supported by Representatives and Senators from over 30 states [here]. The SSWMA removes gray wolves from the ESA:

Notwithstanding any other provision of law (including regulations), the inclusion of the gray wolf (Canis lupus) (including any gray wolf designated as “non-essential experimental”) on any list of endangered species or threatened species under section 4(c)(1) of the Endangered Species Act of 1973 (7 U.S.C. 1533(c)(1)) shall have no force or effect.

Good-bye, adios, so sorry, that’s it.

HR509 and S249 are what engendered all this fraudulent foo-fraw by the radical eco-litigious crowd and their lapdog comrades in the Obama Administration. Because if the SSWMA passes, then the wolfish legal games are over. And it will pass, because majorities in both Houses of Congress have already signed on. And because if it doesn’t, Tea Party-ers will gang up and throw the recalcitrant wolf-lovers out (and they know it).

The game is coming down to the final minute, and rads are too far behind to win.