Court grants ag coalition intervention in gray wolf lawsuit

DENVER, CO – The National Cattlemen’s Beef Association (NCBA), Public Lands Council (PLC), American Sheep Industry Association (ASI), American Farm Bureau Federation (AFBF) and other agriculture coalition members commended a decision from the U.S. Court of Appeals for the 9th Circuit that will allow the coalition to intervene in the case Defenders of Wildlife v. U.S. Fish and Wildlife Service and defend the past two administration’s delisting of the gray wolf.

Since being listed under the Endangered Species Act in 1974, the gray wolf population has seen tremendous recovery, exceeding recovery goals by 300%. The court document notes that the “coalition’s specific interest in the litigation—ensuring the protection of livestock or compensating for its loss—differs significantly from the interests of the other parties, such as an interest in recreational hunting. Additionally, specialized knowledge is relevant to assessing the effect of state-specific hunting or agricultural regulatory schemes.”

In February 2022, U.S. District Court Judge Jeffrey White ruled that the U.S. Fish and Wildlife Service prematurely removed federal ESA protections for gray wolves in most of the lower 48 states in recent years. The decision restored protections for thousands of wolves, however, ranchers said the action was not driven by the data showing wolves have exceeded recovery goals.

“Livestock producers are directly impacted by the species management decisions made by the U.S. Fish and Wildlife Service, especially when it comes to species with significant federal footprints. The decision to allow the coalition to intervene in this case demonstrates what we have known all along: livestock producers deserve to have their voice heard on delisting the gray wolf,” said Kaitlynn Glover, Executive Director of PLC and NCBA Natural Resources. “We look forward to engaging in this case to defend the delisting of a species that has so clearly recovered.”

With populations now thriving, management of the species should be the responsibility of the states, says American Farm Bureau Federation(AFBF) President Zippy Duvall. “AFBF appreciates the Ninth Circuit Court of Appeals for recognizing agriculture’s interest in defending the delisting of the gray wolf. Farmers and ranchers share the goal of a healthy and thriving ecosystem, and when the gray wolf exceeded recovery goals, it became an Endangered Species Act success story,” he said.

In the decision the Court of Appeals wrote “the district court abused its discretion by denying permissive intervention.” With intervention granted, NCBA, PLC, and  partners will now be full participants in the case defending the gray wolf delisting. To view the full decision,  click here.

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