Gray Wolf Plan Continues in Colorado

LINCOLN, Neb. (DTN) -- The reintroduction of the gray wolf in Colorado will move forward as planned by the end of December after a federal judge Friday denied cattle producers' motion for a temporary restraining order to halt the plan.

Federal and state officials are set to reintroduce the species west of the Continental Divide by Dec. 31 after voters in the state passed Proposition 114 in November 2020.

In Friday's ruling, a judge in the U.S. District Court for the District of Colorado denied the motion filed by the Gunnison County Stockgrowers Association Inc. and Colorado Cattlemen's Association. The groups alleged federal and state officials were required by the National Environmental Policy Act (NEPA) to complete an environmental analysis of the plan and haven't done so.

U.S. District Judge Regina M. Rodriguez disagreed.

"Having considered the arguments set forth by the parties, the court finds that while the petitioners who have lived and worked on the land for many years are understandably concerned about possible impacts of this reintroduction, neither these possible impacts nor their assertions under the Administrative Procedures Act are sufficient for this court to grant the extraordinary relief they seek," the judge wrote in her ruling.

"In November 2023, FWS found that the program was adequate and active and therefore approved the request to renew the cooperative agreement. The FWS (U.S. Fish and Wildlife Service) did not complete any analysis under the National Environmental Policy Act in approving the renewals of the cooperative agreement. In fact, during the hearing, all parties acknowledged that FWS has never completed an analysis under NEPA for any of the past renewals or for any cooperative agreements that FWS has in Colorado or any of the other 49 states."

In addition, the cattle groups expressed concern about potential harm to livestock caused by reintroducing the gray wolf. The court ruled that even if livestock producers were to lose animals to the gray wolf, there is a mechanism in place for compensation.

Rodriguez said preventing the reintroduction would be harmful to the public interest since voters approved the action in Proposition 114.

"With respect to livestock losses, the court finds that these claims of potential harm are speculative as well," the judge said in the ruling.

"At the hearing, petitioners' witnesses described their concerns regarding livestock losses as 'worries' about what 'might' happen to their livestock. The record before the court does not substantiate a likelihood of imminent livestock losses, particularly in the context of a request for emergency relief."

According to the judge, data submitted to the court by conservation groups in a second lawsuit "demonstrate that in other states with hundreds or thousands of wolves, predation affects mere fractions of a percent of total livestock populations."

"Moreover, the impending releases that petitioners seek to enjoin on an emergency basis would involve a small number of wolves. Counsel for the state respondents stated at the hearing that the initial release would include fewer than 10 and likely only five animals. Additionally, any wolves released by CPW as part of the wolf reintroduction will have tracking collars on them so they can be located and recaptured if subsequently required by the court."

The court said potential losses to livestock are primarily economic losses that are "compensable with money damages."

"CPW (Colorado Parks and Wildlife Commission) is offering compensation up to $15,000 per animal for livestock losses," the judge said in the ruling.

"Although the court does not discount the significance of these economic losses, were they to occur, they are compensable with money damages and thus cannot suffice to support a showing of irreparable harm."

Read more on DTN:

"Gray Wolf Battle Escalates in Colorado," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

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