Piecemeal Delisting: Designating Distinct Population Segments for the Purpose of Delisting Gray Wolf Populations Is Arbitrary and Capricious

摘要: Abstract: The Endangered Species Act (ESA) protects species that are in danger of extinction "throughout all or a significant portion its range." After thirty-three years protection by the ESA, gray wolf is gradually recovering from brink extinction. Pressure to remove protections for existing populations has mounted as human interests have increasingly conflicted with wolf's resurgence. Most courts defined phrase "significant range" ESA mean historical range species. This interpretation consistent legislative history and listing practices United States Fish Wildlife Service (FWS). However, FWS recently designated delisted discrete populations-termed "Distinct Population Segments" (DPSs)-based on current range. Comment argues FWS's action designating delisting these DPSs contrary ESA. By limiting analysis area within DPS boundaries, circumvents statutory requirement assess threats throughout Moreover, this does not comport Policy promulgated National Oceanic Atmospheric Administration (NOAA) Fisheries. Therefore arbitrary capricious. provides substantial listed threatened endangered under Act.1 local residents may carry negative attitudes toward species, arising both real perceived restrictions private activity ESA.2 Listed predators receive especially hostile treatment communities.3 Critics also noted low number recovered argued ESA's benefits do outweigh societal costs.4 As result, once appears recover, (FWS) face pressure recovery areas delist protections.5 sought address criticisms emphasizing delisting.6 new emphasis resulted several recent years,7 including distinct population segments (DPSs), which wolf.8 On February 8, 2007, published Proposed Rule simultaneously Northern Rocky Mountain wolves it.9 Final Western Great Lakes it.10 designation These latest efforts manipulate definition range"11 limit wolfs rather than range.12 tactic comprehensively species' decision,13 purpose Services' Policy.14 therefore Part I introduces success well efforts. II outlines basic framework process, focusing section 4 requirements. III discusses IV analyzes case law holding designations bypass ES A's requirements be …