State of Wyoming v. United States Fish and Wildlife Service Acting Director et al

Filing 37

ORDER SETTING ASIDE AGENCY DECISION IN PART AND REMANDING AGENCY DECISION IN PART by the Honorable Judge Alan B Johnson. Ordered that the decision of the FWS to require designation of the entire state of Wyoming as a trophy game area and refusing to refuse to permit delisting of the gray wolf in Wyoming for that reason is abitrary and capricious and should be set aside. It is futher ordered that the matter should be remanded to the agency to permit it to determine whether the trophy games area, as proposed in Wyoming's wolf managment framework is sufficient to preserve genetic connectivity in northwestern Wyoming and the GYA, whether it satifies the recovery goals of the 1987 recovery plan and 1994 FEIS, whether the proposed regulator y framework ensures the conservation and protection of gray wolves in an approved trophy game area in northwestern Wyoming as required by the Endangered Species Act, and to analyze in this context the defense of property and wolf depredation laws in considering whether the management plan is an adequate regularty mechanism. Associated Cases: 2:09-cv-00118-ABJ, 2:09-cv-00138-ABJ (sjs, )