ELR Citation: ELR 20219
No(s). s. 09-11, -82 (D. Mont. Aug 5, 2010)

A district court set aside a FWS rule partially delisting the northern Rocky Mountain gray wolf distinct population segment (DPS). The ESA unambiguously prohibits the FWS from listing or protecting part of a DPS. By listing and/or protecting something less than a DPS, the FWS violated the plain terms of the ESA. Even if the FWS' solution is pragmatic, or even practical, it is at its heart a political solution that does not comply with the ESA. Accordingly, the rule must be set aside.