A challenge to the status of the Oregon gray wolf bites the dust as the Oregon Court of Appeals finds the contest moot.
The Oregon Department of Fish and Wildlife (ODFW) removed the gray wolf from the state’s Endangered Species List at the end of 2015. Immediately following the delisting, three environmental groups (Cascadia Wildlands, Center for Biological Diversity and Oregon Wild) filed litigation against ODFW and the Oregon Fish and Wildlife Commission.
The groups argued the decision was not made using the best available science and the department was removing protections before wolves were truly recovered. At the time, the wolves had established the minimum number of packs required for consideration of delisting.
The Oregon Court of Appeals dismissed the lawsuit Nov. 27, calling the suit moot. Oregon Gov. Kate Brown (D) signed HB 4040 on March 14, 2016, which transferred the authority of the delisting decision to the legislative and executive branches.
The court cited this legislation for reason to dismiss the groups’ case.
“In this case, the legislature has ratified the delisting, thereby providing the delisting with the statutory effect of removing it from a rule challenge,” the court wrote. “Consequently, a decision on our part regarding the petitioners’ challenge would have no practical effect, and the petition is therefore moot.”
Agriculture industry groups saw the suit dismissal as a victory.
“This is a huge win for ranch families and the livestock industry, which have long advocated for responsible wolf management in Oregon,” the Oregon Farm Bureau (OFB) said in a released statement. The organization additionally noted that wolves are still listed in areas of eastern and western Oregon under the federal Endangered Species Act, although OFB supports the recent proposal to delist them.
Cascadia Wildlands, Center for Biological Diversity and Oregon Wild have not yet decided whether they will challenge the decision in the Oregon Supreme Court. — Anna Miller, WLJ editor
