A bill to require the Director of the United States Fish and Wildlife Service to reissue a final rule removing the gray wolf from the list of endangered and threatened wildlife under the Endangered Species Act of 1973.
- Sponsor
- Sen. Johnson, Ron [R-WI]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Apr 4, 2025
Bottom line
S. 1306 forces the federal delisting of the gray wolf nationwide and attempts to prevent court challenges to that decision, shifting management authority to states.
What it actually does
This bill mandates the Director of the U.S. Fish and Wildlife Service (USFWS) to reissue, within 60 days of enactment, a specific 2020 final rule that removed the gray wolf (Canis lupus) from the list of endangered and threatened wildlife under the Endangered Species Act (ESA). Crucially, the bill also stipulates that this reissued rule will not be subject to judicial review, effectively bypassing potential legal challenges to the delisting decision.
Proponents argue
Proponents argue that gray wolf populations have recovered sufficiently to no longer warrant federal protection under the ESA, demonstrating the Act's success. They contend that state wildlife agencies are better equipped to manage recovered populations, allowing for more localized and responsive management strategies that can balance conservation with the concerns of livestock producers and rural communities. They also emphasize the need to prevent endless litigation from undermining sound wildlife management decisions.
Opponents contend
Opponents assert that delisting the gray wolf nationwide is premature, arguing that significant portions of its historical range remain unoccupied and that state management plans may not provide adequate protections, potentially leading to population declines. They raise concerns about the bill's provision to strip judicial review, viewing it as an overreach that undermines the checks and balances essential for environmental protection and could set a dangerous precedent for other species.
The bill text is extremely short and can be read in under a minute, making it highly accessible. However, its implications are far-reaching and complex, requiring significant background knowledge to fully understand.
Section 1(a)
Mandatory Reissuance of Gray Wolf Delisting Rule
This section requires the Director of the U.S. Fish and Wildlife Service to re-publish a specific rule from November 3, 2020, which removed the gray wolf from the federal list of endangered and threatened species. This action must occur within 60 days of the bill becoming law. The original rule concluded that the gray wolf population had recovered sufficiently across its range to no longer require federal protection, transferring management authority to individual states.
Supporters argue
Supporters argue that the gray wolf's recovery is a testament to the ESA's effectiveness, and continued federal oversight is unnecessary and burdensome. They believe state agencies are best positioned to manage wolf populations, which have expanded significantly, and that local control allows for more effective mitigation of conflicts with human activities, such as livestock depredation.
Critics contend
Opponents contend that the gray wolf's recovery is not yet complete across its historical range and that federal protections are still vital to ensure long-term viability. They fear that state management, particularly in states with strong agricultural interests, may prioritize lethal control over conservation, leading to setbacks in recovery efforts.
Tradeoffs
This provision balances the principle of federal oversight for endangered species with the desire for state-level management once a species has recovered. It also highlights the tension between conservation goals and the economic interests of rural communities affected by wolf populations.
Section 1(b)
Prohibition on Judicial Review
This section explicitly states that the reissuance of the gray wolf delisting rule, as mandated by subsection (a), cannot be challenged in court. This means that once the USFWS reissues the rule, environmental groups or other interested parties would be unable to file lawsuits to overturn the delisting decision, effectively insulating the action from legal scrutiny.