EPIC and our allies filed a motion today to intervene in a lawsuit seeking to remove California Endangered Species Act protections from wolves. The lawsuit, against the state Fish and Wildlife Commission, was brought by the Pacific Legal Foundation and wrongly alleges that wolves are ineligible for state protection.
The intervenors — the Center for Biological Diversity, Environmental Protection Information Center, Cascadia Wildlands and Klamath-Siskiyou Wildlands Center — are represented by Earthjustice.
“Pacific Legal Foundation’s lawsuit is baseless,” said Amaroq Weiss, the Center’s West Coast wolf organizer. “Gray wolves were senselessly wiped out in California and deserve a chance to come back and survive here. We’re intervening to defend the interests of the vast majority of Californians who value wolves and want them to recover.”
Brought on behalf of the California Cattlemen’s Association and California Farm Bureau Federation, the lawsuit alleges that wolves are ineligible for state protection because wolves returning to the state are supposedly the wrong subspecies, which only occurred intermittently in California at the time of the decision and are doing fine in other states.
Each of these arguments has major flaws. UCLA biologist Bob Wayne found that all three currently recognized subspecies of wolves occurred in California. Also — importantly — there is no requirement that recovery efforts focus on the same subspecies, rather than just the species. The fact that wolves were only intermittently present actually highlights the need for their protection, and the California Endangered Species Act is rightly focused on the status of species within California, not other states.
“The gray wolf is an icon of wildness in the American West, and its return to California after almost 100 years is a success story we should celebrate,” said Earthjustice attorney Greg Loarie. “Stripping wolves of protection under the California Endangered Species Act at this early stage in their recovery risks losing them again, and we’re not going to let that happen.”
Led by the Center, the four intervening groups petitioned for endangered species protections for wolves in February 2012. After receiving two California Department of Fish and Wildlife reports, scientific peer review assessment of those reports, thousands of written comments submitted by the public and live testimony at multiple public meetings, the California Fish and Game Commission voted to protect gray wolves in June 2014.
State protection makes it illegal to kill a wolf, including in response to livestock depredations — a major issue for the livestock industry. But despite the industry’s concerns, a growing body of scientific evidence shows nonlethal deterrence measures are more effective and less expensive than killing wolves. In addition, the Department of Fish and Wildlife has been allocated federal funding that can be used for nonlethal conflict-deterrence measures and to compensate ranchers for livestock losses to wolves, which make up a very small fraction of livestock losses.