UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
HUMANE SOCIETY OF THE UNITED STATES,
Secretary of the Interior
,1Defendants,v.STATE OF WISCONSIN,
Intervenor-Defendants.Civil Action No.13-186(BAH)
Upon consideration of the plaintiffs’ Motion for Summary Judgment,ECF No. 24,the defendants’ Cross-Motion for Summary Judgment, ECF No. 27,defendant-intervenor Hunter Conservation Coalition’s Cross-Motion for Summary Judgment, ECF No. 33,thesubmissions of defendant-intervenors, the States of Wisconsin and Michigan, ECF Nos. 29 and 30, the submissions of amici curiae the Minnesota Department of Natural Resources and the Association of Fish and Wildlife Agencies, ECF Nos. 31 and 38,the Administrative Record submittedby the defendants, ECF No. 45,the related legal memorandain support and in opposition,the exhibits,declarations, and affidavitsattached thereto,and the entire record herein, for the reasons set forth in the accompanying Memorandum Opinion,the Court finds that “there is no genuine dispute as to any material fact,” F
.P.56(a), and it ishereby
that, because the plaintiffs areentitled to judgment as a matter of law,the
Pursuant to Federal Rule of Civil Procedure 25(d), Sally Jewell, Secretary of the Interior, is automatically substituted for her predecessor in office.
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2 plaintiffs’Motion for Summary Judgment,is GRANTED; and it is further
thatthedefendants’ and defendant-intervenor’s Cross-Motions for Summary Judgment are DENIED; and it is further
that, because therule Revising the Listing of the Gray Wolf (Canis lupus) in the Western Great Lakes(the “Final Rule”), 76 Fed. Reg. 81,666 (Dec. 28, 2011), isarbitrary and capricious and violates the Endangered Species Act of 1973,as amended, 16 U.S.C. §§ 1531
, the Final Rule is VACATEDand SET ASIDE; and it is further
that therule in effect prior to the Final Rule vacated by this Order, namely, the rule regarding Reclassification of the Gray Wolf in the United States and Mexico, with Determination of Critical Habitat in Michigan and Minnesota, 43 Fed. Reg. 9607(Mar. 9, 1978), is REINSTATED to govern management of gray wolves in the nine states affected by the vacated Final Rule, pursuant to the Endangered Species Act;and it is further
that theClerk of the Court close this case.
Date: December 19, 2014
This is a final and appealable Order.See F ED.R.APP.P.4(a).
__________________________ BERYL A. HOWELLUnited States District Judge
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Digitally signed by Beryl A. Howell DN: cn=Beryl A. Howell, o=District Court for the District of Columbia,
ou=District Court Judge, firstname.lastname@example.org, c=US Date: 2014.12.19 14:38:35 -05’00’