DEFENDERS OF WILDLIFE v. ZINKE

No. 14-5300 Consolidated with 14-5311, 14-5312, 14-5313, 14-5314, 14-5315.

849 F.3d 1077 (2017)

DEFENDERS OF WILDLIFE, et al., Appellees v. Ryan ZINKE, in his official capacity as Secretary of the United States Department of the Interior, et al., Appellants. State of Wyoming, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 2017.


Attorney(s) appearing for the Case

Joan M. Pepin , Attorney, U.S. Department of Justice, argued the cause for Federal Appellants. With her on the briefs were John C. Cruden , Assistant Attorney General, and David C. Shilton , Attorney.

Jay Jerde , Special Assistant Attorney General, Office of the Attorney General for the State of Wyoming, argued the cause for appellant State of Wyoming. Jeremiah I. Williamson , Assistant Attorney General, entered an appearance.

John A. Sheehan was on the brief for amicus curiae Wyoming Wolf Coalition-2013's in support of appellant State of Wyoming.

Timothy J. Preso argued the cause for appellees/cross-appellants Defenders of Wildlife, et al. With him on the brief was Ralph E. Henry, Jr. , Marlton, NJ.

Anna M. Seidman , Vienna, VA, Douglas S. Burdin , Jeremy S. Clare , Michael T. Jean , and John I. Kittel , Farmington Hills, MI, were on the briefs for the non-governmental defendant-intervenor-appellants/cross-appellees. Christopher A. Conte entered an appearance.

Before: Rogers, Brown and Pillard, Circuit Judges.


The gray wolf in Wyoming has been a protected species since 1973 pursuant to the Endangered Species Act ("ESA") and its predecessor. In 2011, the Secretary of the Interior proposed to delist the wolf on the basis of the recovery of the Northern Rocky Mountain gray wolf population...

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