Wolf advocates call for hurried schedule
Earthjustice files federal lawsuit opposing wolf delisting
by Cat Urbigkit, Pinedale Online!
September 15, 2009
Earthjustice, representing the environmental interest that have filed a federal lawsuit opposed to wolf delisting, has now asked the court for an expedited court schedule.
In papers filed in the federal court in Montana, Earthjustice stated: "Rather than seek appellate review of this Court’s injunction ruling, plaintiffs seek expedited summary judgment resolution of their case. Because plaintiffs remain concerned about the effect on wolves of hunts that do not conclude in Idaho until March 31, 2010, plaintiffs desire to reach the merits of their claims and pray for a merits ruling as soon as possible.
"In furtherance of the objective of prompt resolution of their summary judgment claims, plaintiffs propose that this Court adopt a more aggressive summary judgment briefing schedule ...".
The schedule proposed in the briefing calls for the following timeline:
• Joint Plaintiffs’ Motion for Summary Judgment and Opening Brief – October 7, 2009;
• Federal Defendants’ Opposition Brief – November 9, 2009;
• Defendant-Intervenors’ Opposition Briefs – November 12, 2009; and
• Plaintiffs’ Reply Brief – December 7, 2009.
Apparently assured from the judges recent statements that they will win the case on the merits of the argument, the plaintiffs also stated: "Plaintiffs stipulate that the merits of their claims should be resolved solely on the basis of the FWS’s Administrative Record filed with the court and that, if this Court determines that plaintiffs’ merits claims are meritless that this Court should enter summary judgment for federal defendants."
The judge has already indicated his view that the environmentalists will win the case.