MONTPELIER, Vt. -- In what environmentalists hailed as a major
victory, a federal judge on Friday ordered the Bush administration to step up
efforts to restore the gray wolf to Maine, New Hampshire, Vermont and New York.
"The wolves are howlin"' in celebration, Patrick Parenteau, director of
the environmental law clinic at Vermont Law School, said with a laugh.
Parenteau, lead attorney in the case, said his students "did all the hard labor
in the case. It's a nice victory for our students."
Judge
J. Garvan Murtha, sitting in the U.S. District Court for Vermont, found that the
Department of the Interior violated federal law in 2003 when it issued a rule
saying no further efforts to restore the wolf were needed.
Efforts to
restore wolves have been successful in Minnesota, Wisconsin and Michigan's Upper
Peninsula, as well as in the northern Rocky Mountains. The 2003 rule moved
wolves in those regions from endangered to threatened. The government also
wanted to lump the upper Midwest states in with the Northeast in a new, 21-state
eastern region, and declare that enough had been done to restore wolf
populations throughout the eastern United States.
As it issued that
rule, the Fish and Wildlife Service signaled that it soon would move to "delist"
the wolf in the eastern part of the country, meaning it no longer would be
protected under the Endangered Species Act.
The public comment period
recently closed on another rule that would do just that, Parenteau said, adding
that Friday's ruling likely would result in that proposed rule being changed or
scrapped.
A Fish and Wildlife Service spokeswoman, Diana Weaver, said
officials from that agency would not be available immediately for comment.
In his decision, Murtha wrote that the Fish and Wildlife Service "simply
cannot downlist or delist an area that it previously determined warrants an
endangered listing because it `lumps together' a core population with a low to
nonexistent population outside the core area."
If the government had
prevailed, Parenteau said, "the only wolves that would exist in the eastern
United States would be those wolf populations in the upper Great Lakes. That's
what the final rule (put out by the Fish and Wildlife Service) said and that's
what we challenged."
Environmental groups, including the National
Wildlife Federation, Vermont Natural Resources Council, Maine Wolf Coalition,
Environmental Advocates of New York and Maine Audubon Society, joined in the
lawsuit. They argued that good wolf habitats exist in northern Maine and in New
York's Adirondack Mountains, and that northern Vermont and New Hampshire likely
would become an important corridor for wolves migrating between those two
habitats.
"While wolves are an Endangered Species Act success story in
the Great Lakes and Northern Rockies, the administration wanted to declare total
victory based on these partial wins," Peggy Struhsacker, program manager for
National Wildlife Federation's wolf recovery team, said in a statement. "The
administration was ready to announce the marathon over when the finish line is
still over the next hill."
Even if the government is slow to promote
reintroduction of the animals in the Northeast, it appears wolves may be moving
into the region on their own.
Parenteau said wolves are already known to
be roaming just north of the border in parts of Quebec between the St. Laurence
River and the United States. He said there have been several sightings in
northern New England, though the veracity of some is in dispute. He also said a
large male wolf was killed by a hunter in New York state last year.
John
Kostyack, lawyer for the National Wildlife Federation, called the ruling a
"major victory for wolves and for all the people who care so much about
preserving America's natural heritage."
Kostyack and Parenteau both said
wolves are important predators at the top of the food chain that could help to
keep burgeoning moose and beaver populations in check and help to run noisome
coyotes out of the north woods.