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Judge's Decision Pending In Wolf Case

POSTED: 5:40 pm MDT July 26, 2011
UPDATED: 5:42 pm MDT July 26, 2011
Hunters and ranchers across Montana are getting ready for fall's scheduled wolf hunt, but they could be forced to hold their fire, if Judge Donald Molloy rules in favor of wildlife advocate groups filing suit against the federal government.

"All I can say is I'm glad he seems to be giving the issue serious consideration," said Noah Greenwald, of the Center for Biological Diversity -- one of the plaintiffs.

Groups like the center say Congress behaved unconstitutionally when it passed a law stripping wolves of their protected status in several states, without the possibility of judicial review. That happened after Judge Molloy ruled wolves couldn't be taken off the endangered species list in states like Montana, while remaining protected in others.

"He seems concerned about whether Congress has overstepped its bounds or not," Greenwald said.

The central question: Did the law passed by Congress fundamentally change the Environmental Protection Act? If so, then Congress acted within its constitutional rights. But if their primary intention was to override the court's decision, that would be a violation of the separation of powers doctrine. Department of Justice attorneys were unavailable to comment, but wolf advocates say they were satisfied with the hearing.

"I think Judge Molloy asked both sides hard questions," Greenwald said.

Inside, the hearing lasted about two hours. Outside, hunters and ranchers protested the possibility that the wolf hunt might be off.

I'm not saying to get rid of every wolf," Montana rancher Corey Guenzler said. "But I'd just like to see if we can get it in control.

A fourth-generation Montana rancher, Guenzler says he's already lost five cows to wolves this year.

"That's one hell of a hit," he said.

He wants to hit back -- but that will depend on Judge Molloy. He said he'll work to rule quickly.

"It's a waiting game, and we're just waiting until he issues his decision," Greenwald said.
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