HUMANE SOC. OF U.S. v. ZINKE

No. 15-5041 Consolidated with 15-5043, 15-5060, 15-5061.

865 F.3d 585 (2017)

HUMANE SOCIETY OF the UNITED STATES, et al., Appellees v. Ryan ZINKE, Secretary of the Interior, et al., Appellees. U.S. Sportsmen's Alliance Foundation, et al., Appellants. State of Wisconsin, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2017.


Attorney(s) appearing for the Case

Joan M. Pepin , Attorney, U.S. Department of Justice, argued the cause for federal appellants Zinke, et al. With her on the briefs were John C. Cruden , Assistant Attorney General at the time the brief was filed, and David C. Shilton , Attorney.

Nathan Gambill , Assistant Attorney General, Office of the Attorney General for the State of Michigan, argued the cause for appellants State of Michigan, et al. With him on the briefs were Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, and Pamela J. Stevenson , Assistant Attorney General.

James H. Lister , Washington, DC, argued the cause for appellant-defendant-intervenors Hunter Conservation Coalition, et al. With him on the briefs were Anna M. Seidman , Douglas S. Burdin , Washington, DC, John I. Kittel , Farmington Hills, MI, and Michael T. Jean , Fairfax, VA. Jeremy E. Clare and William P. Horn , Washington, DC, entered appearances.

Brad Schimel , Attorney General, Office of the Attorney General of the State of Wisconsin, Ryan J. Walsh , Chief Deputy Solicitor General, Daniel P. Lennington , Deputy Solicitor General at the time the briefs were filed, Jennifer L. Vandermeuse , Assistant Attorney General, and Thomas J. Dawson , Assistant Attorney General at the time the brief was filed, were on the brief for State of Wisconsin and Wisconsin Department of Natural Resources.

Kathryn Landrum , Assistant Attorney General, Office of the Attorney General for the State of Minnesota, was on the brief for amicus curiae the State of Minnesota in support of appellants.

Peter K. Michael , Attorney General, Office of the Attorney General for the State of Wyoming, James Kaste and D. David DeWald , Assistant Attorneys General, and Michael J. McGrady , Assistant Attorney General at the time the brief was filed, Joseph A. Foster , Attorney General, Office of the Attorney General for the State of New Hampshire, Douglas A. Bahr , Solicitor General, Office of the Attorney General for the State of North Dakota at the time the brief was filed, Sean D. Reyes , Attorney General, Office of the Attorney General for the State of Utah, Cynthia Coffman , Attorney General, Office of the Attorney General for the State of Colorado, Lawrence G. Wasden , Attorney General, Office of the Attorney General for the State of Idaho, Derek Schmidt , Attorney General, Office of the Attorney General for the State of Kansas, and Timothy C. Fox , Attorney General, Office of the Attorney General for the State of Montana, were on the brief for amici curiae the States of Wyoming, et al. in support of defendants-appellants and intervenor-defendants-appellants.

Ralph E. Henry , Washington, DC, argued the cause for appellees The Humane Society of the United States, et al. With him on the brief was Elizabeth Runyan Geise , Washington, DC.

Amy R. Atwood and Collette L. Adkins were on the brief for amicus curiae Center for Biological Diversity in support of plaintiffs-appellees The Humane Society of the United States.

Before: Griffith, Millett, and Pillard, Circuit Judges.


The gray wolf once roamed in large numbers across the contiguous forty-eight States. But by the 1960s, hunting, depredation, and habitat loss drove the gray wolf to the brink of extinction, and the federal government declared the gray wolf an endangered species. After a portion of the gray wolf population rebounded, the government...

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