Judge Won’t Okay Wolf Killing,
But May Rescind Removal Delay

CASPER, Wyo. —(AP)— A federal judge will not allow a Dubois-area rancher to kill federally protected wolves that the rancher says are a threat to his family and cattle.

But U.S. District Judge William Downes said he will reconsider an earlier decision to allow reintroduced wolves to remain in the region until the matter is resolved by an appeals court.

Downes made the remarks last week, during a hearing on a lawsuit filed by Diamond G Ranch owner Steve Gordon against the Interior Department.

Gordon asked for an injunction to either kill or immediately remove wolves brought in as part of a federal recovery program.

Last year, Downes declared the wolf recovery program illegal because it reduced the endangered species protection afforded to native wolves.

But he stayed his order to remove the wolves pending appeals, which are expected to take place in March before the 10th Circuit Court in Denver.

Gordon's attorneys argued that Gordon has lost $1 million worth of cattle to wolves, and spent thousands more to keep the pack at bay, but is unable to convince federal officials that wolves are to blame for many of the kills.

Meanwhile, children cannot leave the house alone, the family's remaining dogs cannot leave the house, and ranch personnel are forced to watch for wolves and chase them away, said Gordon's attorney John Martin.

"Lifestyles have changed on the Diamond G Ranch," he said.

But government attorneys said the wolves have left the ranch, at least temporarily, and claimed the government has taken the appropriate steps whenever a cattle loss is confirmed.

Gordon's attorneys are essentially asking Downes to violate federal rules and "micromanage agency and government decisions," said Interior Department counsel Ken Kellner.

(Isn’t that precisely what wolf fanciers, gnatcatcher boosters and owl lovers have done in countless lawsuits seeking the end of grazing and logging? And haven’t Interior’s BLM and USDA’s Forest Service rolled over in each instance? In fact, isn’t that how the illegal wolves ended up in Wyoming in the first place? Hmmmmm? — Ed.)

Gordon's attorneys have failed to identify any part of the Endangered Species Act that the government has violated or shown that the predators are causing irreparable harm, Kellner said.

"Every time there has been a confirmed depredation, there has been a control action," he said. "Whatever the plaintiffs are asking for in this case, they are already getting."