A state court judge has ruled in favor of maintaining state protections for the gray wolf in California. On Jan. 28, the San Diego Superior Court ruled against the California Cattlemen’s Association and California Farm Bureau Federation, whose challenge argued that the wolf should not be listed under the California Endangered Species Act (CESA) for multiple reasons.
The challenge, filed by Pacific Legal Foundation, had argued the wolf’s listing was illegal for three reasons: (i) the listing is based on the presence of a member of a non-native Canadian subspecies wolf, contrary to the CESA’s limitation to native species and subspecies; (ii) the listing is based on the wolf’s condition in California only, rather than on the species’ status throughout its natural range—where it’s thriving; and (iii) the listing was originally based on the intermittent presence within the state of a single wolf—OR-7.
California Cattlemen’s Association’s (CCA) Kirk Wilbur told WLJ, “We were certainly disappointed by the ruling.”
He indicated that it was too soon to weigh in on any “next steps” such as a potential appeal, but that CCA “remains of the belief that listing the gray wolf is not justified by the California Endangered Species Act.”
The CESA, he pointed out, was intended to protect species on the decline, not a species that is thriving and increasing in number, as gray wolves are.
“Ranchers’ livelihoods remain under threat from the gray wolf, with the Lassen Pack alone confirmed responsible for six depredations,” he added. “And as long as wolves remain listed as endangered, there is exceedingly little that ranchers or [California Department of Fish and Wildlife] can do to protect ranchers’ animals from wolves.”
Wilbur said that while the loss in the lawsuit is “a setback,” CCA “remains committed to working with [the state agencies] to provide ranchers relief from the threat of gray wolves.”
Pacific Legal Foundation, in a press release on the ruling, stated that the upholding of the CESA means ranchers cannot obtain a permit to deal with depredating wolves.
“In other words, the listing impedes the creation of a reasonable wolf management plan,” writes the group’s senior attorney, Damien Schiff. “Note that, in Oregon and Washington, ranchers can obtain permits to manage depredating wolves notwithstanding the protections afforded wolves under those states’ endangered species laws.” — Theodora Johnson, WLJ correspondent
