This bill mandates the Director of the U.S. Fish and Wildlife Service to reissue the rule removing the gray wolf from the endangered species list within 60 days, prohibiting any subsequent judicial review of that decision.
Ron Johnson
Senator
WI
This bill mandates the Director of the U.S. Fish and Wildlife Service to reissue the final rule removing the gray wolf from the list of endangered and threatened wildlife within 60 days of enactment. The purpose is to finalize the gray wolf's delisting based on the previously published rule. Furthermore, this reissuance cannot be challenged or reviewed in federal court.
This legislation aims to settle the long-running debate over the gray wolf’s protected status by forcing the Director of the U.S. Fish and Wildlife Service (FWS) to immediately reissue the final rule that removes the species from the Endangered Species Act (ESA) list. Specifically, the Director must reissue the rule (85 Fed. Reg. 69778) no later than 60 days after this Act becomes law. This means the gray wolf would lose its federal protections almost immediately, transferring management authority back to state agencies.
For anyone following environmental policy, the gray wolf’s status has been a regulatory ping-pong match for years, often bouncing between the FWS and the courts. This bill cuts that process short. By mandating the reissuance of the 2020 delisting rule, the legislation removes the gray wolf from federal oversight across most of the lower 48 states. For ranchers, farmers, and state wildlife managers, this provides immediate regulatory certainty, allowing states to implement their own management plans, which often include hunting or lethal control measures to manage wolf populations that conflict with livestock.
The most significant and controversial part of this bill isn't the delisting itself, but the legal shield it provides. The legislation explicitly states that the reissued final rule cannot be subjected to judicial review. This is a massive legal firewall. Normally, when the FWS makes a major policy decision like delisting a species, environmental groups or concerned citizens can challenge the decision in court, arguing the science or the process was flawed. This bill eliminates that option entirely.
Think of it this way: If you disagree with a new regulation affecting your small business, you usually have the right to challenge it in court. This bill removes the court as a check and balance on this specific regulatory action. For conservation groups and the general public concerned about the long-term recovery of the gray wolf, this means their ability to hold the FWS accountable for its scientific findings or process is gone. The decision, once made within 60 days, is final and unchallengeable in the legal system.
The impact falls heavily on two groups. First, the gray wolf population itself. Federal protection under the ESA provides a safety net; removing it so quickly, and without the possibility of court intervention, means the species’ fate rests entirely on state management plans, which vary widely in their conservation goals. Second, environmental and wildlife organizations are essentially blocked from their primary tool—litigation—to ensure species recovery efforts continue. This provision sets a precedent where Congress can use legislation to bypass established administrative and judicial review procedures for specific environmental decisions, which could be concerning for anyone who believes in checks and balances on federal agency power.