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A28    SCIENCE
                 Monday 23 January 2017


















              States argue in court for more say over endangered species



            DAN ELLIOTT                                                                                                         that it would be harmed by
            Associated Press                                                                                                    the release of more wolves,
            DENVER (AP) — The federal                                                                                           and  how  much  harm  it
            government  asked  an  ap-                                                                                          would suffer.
            peals court Wednesday to                                                                                            The  three  judges  who
            overturn an order that bars                                                                                         heard the case did not say
            the release of endangered                                                                                           when  they  would  decide.
            wolves in New Mexico with-                                                                                          Appeals court judges gen-
            out the state’s permission, a                                                                                       erally take weeks or months
            skirmish in a broader battle                                                                                        to issue a ruling.
            over  states’  rights  and  the                                                                                     Reintroducing  wolves  is  al-
            Endangered Species Act.                                                                                             ways contentious because
            New  Mexico  and  18  other                                                                                         they sometimes attack do-
            states  argue  that  the  law                                                                                       mestic  livestock  as  well  as
            requires  the  U.S.  Fish  and                                                                                      wild  game.  Last  year,  the
            Wildlife  Service  to  coop-                                                                                        Interior  Department’s  in-
            erate  with  them  on  how                                                                                          ternal  watchdog  said  Fish
            endangered  species  are                                                                                            and Wildlife had not fulfilled
            reintroduced  within  their                                                                                         its  obligation  to  remove
            borders.  Federal  attorneys                                                                                        Mexican  gray  wolves  that
            counter that the law allows                                                                                         preyed on pets and cattle.
            the agency to go around a                                                                                           The Mexican wolf program
            state, if necessary, to save    In this undated file photo provided by the U.S. Fish and Wildlife Service, a Mexican gray wolf   has  had  other  problems,
            a species.                   leaves cover at the Sevilleta National Wildlife Refuge, Socorro County, N.M.           including multiple failed at-
            Many of the arguments at-                                                                          Associated Press  tempts to update the origi-
            torneys  made  to  the  10th  and  economic  develop-     state. New Mexico also an-   tect the wolves.             nal 1982 recovery plan. Fish
            Circuit  Court  of  Appeals  ment.                        nounced  it  might  sue  the  A coalition of environmen-  and Wildlife has agreed to
            in  Denver  on  Wednesday  And even if the court sides  agency.                        tal groups, led by Defend-   produce  a  new  plan  this
            focused  on  the  legality  of  with  the  Fish  and  Wild-  Fish and Wildlife decided to  ers  of  Wildlife,  intervened  year to settle a lawsuit filed
            the  court  order  restricting  life  Service,  it’s  not  clear  release  more  wolves  any-  on  Interior’s  side,  argu-  by conservation groups.
            the release of more wolves,  whether     president-elect  way, citing an urgent need  ing  the  state’s  interpreta-  New  Mexico  officials  also
            not the broader issue of the  Donald Trump’s administra-  to expand the wild popula-   tion  would  wrongly  give  complain  that  federal  of-
            states’  role  in  restoring  en-  tion will continue to fight af-  tion to prevent inbreeding.  the  state  veto  power  over  ficials  tripled  the  target
            dangered species.            ter he takes office.         New  Mexico  officials  went  measures  to  save  a  feder-  number  of  wolves  in  the
            But in hundreds of pages of  The dispute before the 10th  to  court,  and  a  federal  ally protected species.      wild  —  from  about  100  to
            court filings, the states and  Circuit  is  over  a  Fish  and  judge in New Mexico issued  New Mexico state attorney  300 — without sufficient jus-
            the  federal  government  Wildlife Service program to  a preliminary injunction last  Matthias  L.  Sayer  told  the  tification.
            staked  out  opposing  posi-  restore  the  Mexican  gray  year  blocking  further  re-  judges that Fish and Wildlife  Only  about  100  Mexican
            tions  on  who  has  the  final  wolf  to  parts  of  its  original  leases  while  the  dispute  is  had made it difficult for the  gray wolves live in the wild.
            say.                         range  in  New  Mexico  and  resolved.                    state to manage big game  They nearly disappeared in
            The  fight  is  unfolding  amid  Arizona.                 At  Wednesday’s  hearing,  because  of  uncertainty  the 1970s, and the federal
            uncertainty  about  the  fu-  New  Mexico  has  multiple  Justice  Department  attor-  about how many wolves —  government  added  them
            ture  of  the  Endangered  complaints about the way  ney  Rachel  Heron  argued  which prey on big game —  to  the  endangered  spe-
            Species Act. Congress and  the  program  is  managed,  against  the  state’s  rights  would be released.            cies list in 1976. The U.S. Fish
            the  White  House  will  both  and  in  2015  it  refused  to  position,  saying  the  Inte-  But  one  of  the  judges,  and Wildlife Service began
            be  controlled  by  Republi-  issue  a  permit  to  Fish  and  rior Department — Fish and  Scott  Matheson  Jr.,  ques-  reintroducing them in New
            cans  who  generally  see  it  Wildlife  to  release  more  Wildlife’s  parent  agency  tioned  whether  New  Mex-  Mexico  and  Arizona  start-
            as  an  impediment  to  jobs  of  the  predators  in  the  — is required by law to pro-  ico  could  show  definitively  ing in 1998.q
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