The Bush administration's move to ease federal
protection for the gray wolf was illegal and a violation of the
Endangered Species Act (ESA), a federal judge ruled Tuesday.
The decision restores most wolves in the lower 48 states to their
endangered status under the federal law and is a blow to the
administration's effort to ultimately delist the species.
The ruling by U.S. District Judge Robert Jones in Portland,
Oregon, specifically blocks the April 2003 rule that downgraded the
status of the gray wolf "endangered" to "threatened" throughout all
of the lower 48 states, bar the southwest where the species remained
endangered.
The move was a necessary precursor for the administration's broad
effort to delist the species and turn management and recovery
efforts over to state governments. 
Two wolves in South Dakota. Gray wolves once ranged across the
entire North American continent. (Photo courtesy U.S. Fish
and Wildlife Service)
Conservation groups sued to block
the rule and argued that the Interior Department violated the law by
resting the downgrade in status on the division of the species into
three Distinct Population Segments (DPS) within the lower 48 states.
Using those divisions, the administration argued recovery in the
Idaho, Montana and Wyoming equals recovery for all nine states in
the Western DPS - likewise, success in three Great Lakes states
means the species has recovered across all 20 states of the Eastern
DPS.
Critics contend that the success of these recovery efforts in no
way warrants such a broad change in protection for the species
across such wide expanses of the country.
Jones agreed and said the science and rationale used by the
agency did not support a lowering protection for the species.
"This is a great victory for wolf populations within the United
States, as well as for all other endangered species that are
currently listed under the ESA and struggling to make a recovery,"
said Patricia Lane, senior attorney for the Humane Society of the
United States, one of 19 conservation groups that filed the suit.
"Judge Jones made it clear that this administration will not be
able to arbitrarily strip the wolf of its protection under the ESA,"
she said.
Federal officials are still examining the scope of the ruling and
say they have yet to decide whether to appeal.
But the decision appears to have derailed recent moves by the
administration to delist the species in the Eastern DPS and to give
states a larger role in managing wolf populations.
Under the Endangered Species Act, delisting of the gray wolf
depends on federal approval of state management plans that ensure
the species' population will be maintained above established
recovery goals.
In July Interior Secretary Gale Norton accepted management plans
from Michigan, Minnesota, and Wisconsin and proposed delisting the
species in the entire Eastern DPS.
That proposal is now in jeopardy as is the piecemeal effort to
delist the species in the West. 
The gray wolf, Canis lupus, was first listed as
endangered on March 11, 1967 (Photo courtesy U.S.
Fish and Wildlife Service)
Last month the
administration gave Idaho and Montana greater responsibility for
managing their gray wolf populations, including increased authority
to kill wolves that threaten livestock, pets and big game herds.
Under the policy private landowners - and individuals using
public lands for grazing and recreation - will no longer need
written permission to kill wolves they deem are threatening their
livestock or domestic animals.
But that rule, set to enter effect today, would violate the
judge's ruling as it rests on the downgrade in status voided by the
decision.
Passions run high with regard to recovery efforts for the gray
wolf, also known as the eastern timber wolf.
The predator once roamed from coast to coast and from Canada to
Mexico, but by 1973 only a few hundred remained outside of Alaska.
Conservation efforts have helped build the numbers to some 4,000
- the majority inhabit Minnesota, Michigan and Wisconsin.
Officials estimate 760 additional wolves are spread across Idaho,
Montana and Wyoming.
The vast expanse of the species' historic range is at the center
of the debate - Bush administration officials say it is not
consistent with the Endangered Species Act nor is it realistic to
expect gray wolves to return to all of their historic range.
Environmentalists agree but argue that there are large areas of
suitable habitat where wolves can and should be reintroduced before
victory is declared - including Maine, Vermont and Oregon.
Rodger Schlickeisen is president of Defenders of Wildlife, which
provides financial compensation to ranchers whose livestock is
brought down by wolves. He says conservation groups are eager to see
the wolf recover to the point where it no longer needs federal
protection.
"But that recovery must be based on a proper review of the best
science available," he said. "The Bush administration failed to do
this and proposed prematurely removing protections for the wolf.
Today the court called them on it."