Enviros Slam Gray Wolf Delisting As Unconstitutional

Law360, New York (May 6, 2011, 2:36 PM EDT) -- Environmental groups filed suits Thursday in Montana alleging that a congressional rider requiring removal of Endangered Species Act protections for gray wolves in the northern Rocky Mountains violated the constitutional separation of powers.

The rider, attached to a federal budget bill last month by Sen. Jon Tester, D-Mont., and Rep. Mike Simpson, R-Idaho, is unconstitutional because it influences pending litigation without changing underlying law, and because it provides that wolf delisting shall not be subject to judicial review, according to one suit from the Center for...
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