Defenders' Experts
Failure to List the Wolverine
Date Filed: 09/30/2008
Case Status: Victory
Defenders v. Kempthorne
Species Background
The wolverine, the largest member of the weasel family, once roamed across the northern tier of the United States and as far south as New Mexico and southern California. After centuries of trapping, habitat loss, and disturbance, wolverines have been reduced to small, fragmented populations in Idaho, Wyoming, Washington and Montana. The species subsists at extremely low numbers with a slow rate of reproduction, resulting in populations that are particularly vulnerable to numerous threats. These threats have included the growing isolation of their populations, trapping (which is still legal in Montana), the disturbance of denning areas by snowmobiles and other recreational activities. Additionally, wolverines are now even more at risk due to the impacts of climate change, as summer temperatures rise and winter snow pack decreases.
Case Background
In July 2000, Defenders and a coalition of environmental groups submitted a petition to list the wolverine within the contiguous United States as a threatened or endangered species and to designate critical habitat for the species. In response, the U.S. Fish and Wildlife Service initially published a negative 90-day petition finding. Defenders and other plaintiffs filed suit in 2005 challenging the Service’s negative finding. On September 29, 2006, the court ruled that the finding was arbitrary and capricious and violated the Endangered Species Act, and ordered the Fish and Wildlife Service to prepare a 12-month finding on the wolverine listing petition by February 28, 2008.
On March 11, 2008, the U.S. Fish and Wildlife Service made the determination that the wolverine should not be protected under the Endangered Species Act. On September 30, 2008 Defenders filed suit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service for their decision on the grounds that it violates the Endangered Species Act and the Administrative Procedure Act. Failure to list the wolverine and protect its critical habitat not only could lead to the extirpation of the species from the United States, but also is part of a troubling trend in which the Fish and Wildlife Service has disclaimed responsibility under the ESA to protect listed species which have relatively small domestic ranges in comparison to their foreign distributions. As the effects of climate change increasingly impact wolverine habitat, justification for protecting the species and improving its resiliency only becomes more crucial.
Related Documents
Co-filers:
Center for Biological Diversity, Conservation Northwest, Earthjustice, Friends of the Clearwater, Greater Yellowstone Coalition, Idaho Conservation League, Jackson Hole Conservation Alliance, Klamath-Siskiyou Wildlands Center, Wyoming Outdoor Council
Updates:
06/10/2009
Victory! In a settlement agreement filed with the court on June 10, 2009, the Fish and Wildlife Service agreed reconsider whether to add the wolverine population in the lower-48 states to the list of species protected by the Endangered Species Act. The new listing determination is due by December 2010, and will follow an updated status review on the wolverine.
