New Wolf Lawsuit filed May 5th, 2011

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mightyhunter

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LAST EDITED ON May-05-11 AT 01:51PM (MST)[p]Today another lawsuit was filed in Montana Federal District Court challenging the recent enactment of the Simpson/Tester wolf rider attached to the 2011 budget. The Alliance for the Wild Rockies, Friends of the Clearwater and Wild Earth Guardians have filed suit claiming congress violated the separation of powers doctrine when it removed the gray wolf from the ESA and blocked future court reviews. They claim that they want decisions on the ESA to be based on science and not politics. Here we go again.
 
I have an idea, with the recent court victory of 1.9 million to a family for a bear atack/death. Said family, the USFS did not do enough to warn them of bear activity.

For every deer,elk,moose,cattle and sheep these wolf kill lets sue the USFS,The Alliance for the Wild Rockies, Freinds of Clearwater and Wild Earth Guardians. Because they did not due enuff to warn us of wolf activity.

Thats the American way anymore is it not!
 
Topgun, the lawsuit may or may not fly. I haven't read the complaint or done the legal research on the subject. I just read articles on the subject in the Billings and Missoula newspapers. These eco-elites never give up and have an endless supply of money. My biggest concern is the lawsuit has been filed in Montana Federal District Court. These groups have a pet judge in Montana and they know it.
 
New wolf lawsuit? You're kidding!:)

"congress violated the separation of powers doctrine when it removed the gray wolf from the ESA and blocked future court reviews."

It sounds like they might have a case to me. I bet a lot of those bozos knew it when they voted on it too.

Eel
 
Congress wrote the ESA.

Congress can change the ESA.

Lawsuit has NO chance
 
Peay speaks the truth, this time. This sort of thing has been done before and held up. I feel 90% sure. There's still 10% of me that feels uneasy.


I wanted to take a scalp,but the kill was not mine.
 
"They claim that they want decisions on the ESA to be based on science and not politics. "

If them stating that isn't irony (or is it hypocrisy?), what is.
 
>"They claim that they want decisions
>on the ESA to be
>based on science and not
>politics. "
>
>If them stating that isn't irony
>(or is it hypocrisy?), what
>is.

+1 squared


Within the shadows, go quietly.
 
May not fly in the end, but if they get if before Malloynutz, he could very well rule in their favor and then the thing will drag on for another year or two while an injunction is in place banning wolf hunting until an appeals court overturns the decision...
 
Molloy isn't going to uphold any injunction. The case has to have a chance at winning, and has to show eminent danger to the wolves. He never ruled for the last injunction, what makes you think he will now?


I wanted to take a scalp,but the kill was not mine.
 
Congress has done this sort of thing before. It passed the mustard then. The 11 other extremist orgs aren't in the fight. That should tell you something.




I wanted to take a scalp,but the kill was not mine.
 
I thought there was specific legal language in the bill to avoid legal challenges on the issue unless they get the ESA changed. I think it was put in there to protect the states and the feds from future legal proceedings from these groups in the future. That's why the other groups knew they were done.
 
Idaho's not to worried they started selling licences yesterday.



I wanted to take a scalp,but the kill was not mine.
 
Have any been taken yet or will the season not be open until this fall. Get them now and the pups might not make it? I hope the people working on the law for wolf managment by me are taking notes these things need to be controled.
 
I received an email from BGF and Ryan Benson tonight. It concerned the challenge filed to the Simpson/Tester wolf rider. If what Benson says is true, Judge Malloy's recent actions with regard to that new lawsuit are very suspicious. Just wait and watch.
 
Well I guess there is one way to fix that them Montana governor says not state employ will fine anyone for shooting one of them. Hopefully all other states will fallow suit.
 
LAST EDITED ON May-19-11 AT 10:22PM (MST)[p]"ishootaRum300"

"Well I guess there is one way to fix that them Montana governor says not state employ will fine anyone for shooting one of them. Hopefully all other states will fallow suit."

What? You may shoot a Remington ultra mag 300 but you definitely shot Rum or beer or something before this comment.
 
UPDATE to the pending litigation. Two lawsuits filed by different eco-elite groups (Alliance for Wild Rockies et. al.) and (Center for Biological Diversity et. al.) on May 5th, 2011, challenging the wolf rider to the 2011 budget deal, were consolidated into a single action. I believe that there are now 5 Plaintiffs in that consolidated lawsuit. The case is in Montana Federal District Court as Case # 9:2011 CV 00070. The NRA and SCI were both seeking intervenor status to become involved in the lawsuit. Federal District Judge Donald Malloy denied intervenor status to the NRA and SCI on June 1st, 2011. I believe that these groups are now seeking reconsideration of that decision. I also believe that other sportsman's groups (SFW, BGF etc.)have sought to intervene in the lawsuit but I am not aware of the status of those petitions. READ THIS: Judge Malloy denied intervenor status to the NRA and SCI claiming that the federal government would adequately represent the interests of the NRA and SCI on the issue. Are you kidding me? Any eco-elite group in the U.S. can apparently file these lawsuits but Judge Malloy doesn't want two important sportsman's groups to be allowed to intervene in the lawsuit. You can't make this stuff up.
 
Judge Molloy is speedily pushing this matter along. That may or may not be a good thing for Montana and Idaho. I think it has had a chilling affect on the sale of wolf tags. Judge Molloy's Order denying intervenor status to most of the sportsman's groups is very telling. It states the following:

" The issue before the court is NARROW, and the court set a shortened briefing schedule in its orders to PROMPLY resolve this case"

July 26th, 2011 is the scheduled date for the hearing on the summary judgement motions concerning the constitutionality of the "wolf rider" to the 2011 federal budget. I would expect a decision before the end of summer and before the scheduled wolf hunts.
 
Yesterday, a two hour hearing(on opposing motions for summary judgement)was held on the constitutionality of the "wolf rider" to the 2011 budget resolution. Judge Molloy will likely render a quick decision in the case. His decision may be yet another disappointment for sportsman and ranchers or in the alternative the eco-elites groups may find that they have finally run out of options in the wolf wars. Anyone brave enough to render an opinion about whether wolf hunts will take place in Idaho or Montana this fall?
 
Molloy will again rule in favor of environmentalists. That is why they seek his court out for these lawsuits. He has single-handidly ruled to protect grizzly bears, wolverines, and wolves; against scientific input. He is the Go-To-Guy for environmental lawsuits.

What I hope will happen is Idaho and Montana will ignore his ruling, defer to Congressional law and hunt anyway. I think the uncertainty is the major cause for the lack of wolf-tag sales in Idaho.

Grizzly
 
I have a feeling some will hunt with or without a tag. To have one liberal Judge over rule sound biology from many experts, and over rule a Congress decision is a joke. The system is frustrating and broken.
 
You know the odds are about 99% that he'll rule against the Congressional vote. If that happens, both Governors should have enough guts this time to tell him to stick it where the sun don't shine and continue plans for the hunts. If the state F&G people don't arrest anybody there sure aren't enough Feds to do much of anything about it. About all Malloy might be able to do would be to issue contempt warrants against them, but that would bring this states rights issue to a head and I don't know if he would want to go that far.
 

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