June 15, 2016
Partner Wayne D’Angelo was featured on the Congressional Review radio program during a discussion of the Endangered Species Act and the New Mexico gray wolf. A federal district court in New Mexico granted a preliminary injunction and a declaratory ruling today in a 3-week court case subordinating federal authority to reintroduce endangered wildlife to the authority exercised by states. The ruling banned the U.S. Fish and Wildlife Service from releasing Mexican wolves into New Mexico until it complies with state permitting requirements. Mr. D’Angelo notes that, “Procedurally, there is great case law and great findings made by the judge in the district of New Mexico with respect to the ability to challenge these types of action, the finality of actions, and the role of states in managing the wildlife within their borders. Substantively, the court… must make some sort of analysis of what they think the likelihood of success on the merits would be, and they find that there was sufficient likelihood of success on the merits.