After being taken to the 9th Circuit Court of Appeals by a trio of environmentalist groups, the U.S. Forest Service (USFS) has prevailed in a challenge over livestock grazing impacts on gray wolves in the Colville National Forest of northeastern Washington.
The court of appeals affirmed a district court’s dismissal of the suit for lack of standing by WildEarth Guardians, Western Watersheds Project and Kettle Range Conservation Group. The groups argued the USFS’ decision to allow grazing in the Colville National Forest would lead to an increase in the number of wolf attacks on livestock, which would lead the Washington Department of Fish and Wildlife (WDFW) to kill more wolves.
“The panel held that plaintiffs had not shown that the Service exerted the requisite effect on the Department’s conduct,” the panel wrote in its opinion. “Because wolves in Eastern Washington are not federally protected, the Service has no authority to require the Department to do anything before it kills a wolf. Nor does the Service participate in lethal removals.”
The panel ruled the lethal removal of wolves therefore cannot be fairly traced to the USFS’ grazing decisions, and requiring USFS to make different grazing decisions would not redress the harm.
Background
USFS revised its plan for the Colville National Forest in 2019. The three environmentalist groups filed suit against USFS in 2020, arguing the agency violated the National Environmental Policy Act and National Forest Management Act in its failure to address the impacts to gray wolves by allowing livestock grazing.
The Colville National Forest encompasses the Kettle River Range and the Selkirk Mountains and comprises 1.1 million acres. The forest supports about 29,500 animal unit months on about 787,000 acres.
“Ecosystems change every year and evolve due to drought, fire and manmade impacts such as timber harvest and livestock grazing, yet many of the grazing allotments in the Colville Forest have not been evaluated in 50 years,” Chris Bachman, wildlife program director at the Spokane, WA-based Lands Council, said at the time.
He continued, “We owe it to ourselves, future generations, and the wildlife that calls the forest home to ensure that the Forest Service is following the law in determining best management practices.”
The Washington Cattlemen’s Association submitted a friend of the court brief in the case, contending the suit would set a precedent by making federal agencies responsible for state wildlife control.
The U.S. District Court for the Eastern District of Washington denied the environmentalist groups’ request, ruling WDFW is responsible for wolf management, not USFS.
The 9th Circuit Court of Appeals in Portland, OR, heard arguments last October about the case, filing a decision on June 14.
Changing ESA status
WDFW recently released its draft periodic status review, which recommends reclassifying the gray wolf in the state from endangered to sensitive under the Endangered Species Act (ESA).
The recommendation would not affect the wolves’ federal status in the western two-thirds of the state, where they are federally listed under the ESA.
The wolf population has increased for 14 consecutive years by an average of 23% per year, according to WDFW. As of Dec. 31, 2022, WDFW counted a minimum of 216 wolves in 37 packs with at least 26 successful breeding pairs.
To submit comments on the status review, visit publicinput.com/psr-gray-wolf, email psr-gray-wolf@PublicInput.com or call 855-925-2801 and enter project code 2573. Comments are due by Aug. 16. — Anna Miller, WLJ managing editor
