W. Watersheds Project v. Grimm

283 F. Supp. 3d 925
CourtDistrict Court, D. Idaho
DecidedJanuary 4, 2018
DocketCase No. 1:16–cv–218–EJL–CWD
StatusPublished

This text of 283 F. Supp. 3d 925 (W. Watersheds Project v. Grimm) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W. Watersheds Project v. Grimm, 283 F. Supp. 3d 925 (D. Idaho 2018).

Opinion

The Memorandum clarified that the ten breeding pairs in each of the three recovery areas would have "a high probability of long-term persistence" provided that the overall wolf populations consisted of "[t]hirty or more breeding pairs comprising some 300+ wolves in a meta-population with genetic exchange between sub-populations." (AR-EA 16373.) The Memorandum further stated, "[t]he addition of a few extra pairs would add security to the population and should be considered in the post-EIS management planning. That could always be done as a periodic infusion if deemed necessary." (AR-EA 16373.)

Like the 1987 Wolf Plan, the 1994 EIS draws a connection between federal wolf control actions and the overall survival of wolves. With specific reference to livestock depredation, the 1994 EIS states "a responsive program to address conflicts between wolves and domestic livestock reduces the degree of livestock depredation by wolves, increases public acceptance of wolf populations which likely reduces illegal wolf mortality, and allows growth of wolf populations toward recovery levels." (AR-EA 16050.) The 1994 EIS further states:

Removal of problem wolves does more than stop the depredation; it relieves the pressures and antagonisms direct[ed] toward the total wolf population by those incurring losses and other members of the public. Timely response to actual depredations will alleviate the perception of government inaction that too often results in the indiscriminate killing of wolves. By responding quickly to resolve depredation problems, the overall wolf population will be in less danger from potential nonselective and illegal damage control.... [R]emoval of wolves demonstrating this undesirable behavior will promote public acceptance of wolves, will reduce overall impacts, and will allow population growth to recovery levels....

(AR-EA 16050.)

The 1994 EIS also addresses potential impacts of wolves on ungulate populations as follows:

If the [US]FWS determined wolves were causing unacceptable impacts on other listed species, or on specific ungulate populations and those impacts might have a negative impact on wolf recovery outside national parks and wildlife refuges, the [US]FWS, ADC, or [Wildlife Services] authorized agencies could capture *931and move wolves from localized areas to resolve those conflicts.

(AR-EA 16051.)

In January 1995, the USFWS first reintroduced wolves to central Idaho. (AR-EA 18494-95.) USFWS started with fifteen wolves and added twenty more the following year. (AR-EA 18495.) USFWS estimates that by the end of 2000, the NRM population first met its numeric recovery goals of 30 breeding pairs and more than 300 wolves well-distributed among Idaho, Montana, and Wyoming. (AR-EA 16629.)

In response to the wolves' recovery and anticipating delisting, USFWS asked the states of Idaho, Montana, and Wyoming to prepare wolf management plans specifying how each state would manage wolves after delisting. USFWS approved Idaho's wolf management plan in January 2004. (AR-EA 9326.)

In February 2007, USFWS issued a final rule removing the NRM distinct population segment (DPS) of gray wolves from the list of federally-protected threatened and endangered species. (AR-EA 9178, 18482.) The NRM DPS includes all of Montana, Idaho, and Wyoming, the eastern third of Washington and Oregon, and a small part of north central Utah. (AR-EA 18483.)

In 2008, the United States District Court for the District of Montana enjoined the 2007 delisting rule on a preliminary injunction motion. See Defenders of Wildlife v. Hall , 565 F.Supp.2d 1160 (2008). The Montana district court held that USFWS acted arbitrarily and capriciously in delisting the wolf because it lacked evidence of genetic exchange between the three NRM sub-populations. Id. at 1163.

In October 2008, the 2007 delisting rule was vacated and remanded back to the USFWS for additional consideration. (AR-EA 18483.) In April 2009, the USFWS issued an amended final rule removing the NRM DPS of gray wolves from the endangered species list except for those wolves in Wyoming. (AR-EA 18481-18546.) At that time, the USFWS estimated that the NRM DPS contained approximately 1,639 wolves (491 in Montana, 846 in Idaho, and 302 in Wyoming) including 95 breeding pairs (34 in Montana, 39 in Idaho, and 22 in Wyoming). (AR-EA 18481.)

The 2009 USFWS delisting decision reexamined and reaffirmed the 1994 EIS recovery goals of: "[t]hirty or more breeding pairs comprising some 300+ wolves in a meta-population (a population that exists as partially isolated sets of subpopulations) with genetic exchange between subpopulations should have a high probability of long-term persistence." (AR-EA 18492.) However, the 2009 USFWS rejected the assumption that proof of genetic diversity was required to support the delisting decision. (AR-EA 18492-93.) Instead, the USFWS determined inter alia : (1) ongoing or confirmed genetic exchange is not required; (2) confirmed genetic exchange is difficult to prove given the recent common genetic history of the wolf population groups; (3) human-assisted migration management can be utilized in the future if genetic diversity becomes a concern; (4) human-assisted migration management has resulted in documented genetic exchange between the wolves in all three recovery areas; (5) there are no existing genetic or demographic problems in any of the recovery segments; and (6) the states (except Wyoming) agreed to utilize management strategies that will encourage genetic diversity; monitor wolf genetics; and, should it become necessary, conduct human-assisted migration management to achieve genetic diversity. (AR-EA 18492-93.)

Further, to ensure the NRM wolf population as a whole exceeds the recovery goal of 30 breeding pairs and 300 wolves, the 2009 USFWS delisting decision requires *932that wolves in each of the states including Idaho "be managed for at least 15 breeding pairs and at least 150 wolves in mid-winter." (AR-EA 18490.) "This and other steps, including human-assisted migration management if required ... will maintain the NRM DPS's current meta-population structure." (AR-EA 18490.)

The 2009 USFWS delisting decision specifically noted that central Idaho provides "the greatest amount of highly suitable habitat" of any wolf population area, and assumed that the central Idaho wolf population would continue to function as a "core" population that would provide a constant source of dispersing wolves into surrounding areas. (AR-EA 18495, 18543.) Further, "[w]ithout core refugia areas like ... the central Idaho wilderness that provide a steady source of dispersing wolves, other potentially suitable wolf habitat is not likely to be capable of sustaining breeding pairs." (AR-EA 18543.)

The 2009 USFWS delisting decision also identifies three scenarios that could initiate a status review and analysis of whether relisting is warranted:

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Bluebook (online)
283 F. Supp. 3d 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-watersheds-project-v-grimm-idd-2018.