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Yesterday, I called the Baucus/Tester wolf delisting bill a pig with lipstick. It’s still a pig only with more lipstick that appears to be a bit gothic. What was discovered in the recent over-hyped “agreement” between the House, the Senate and the White House, was that Baucus and Tester got their wolf bill, slightly modified, onto the Continuing Resolution (CR). The wording as it appears in that CR for wolf delisting, reads:
Sec. 1713. Before the end of the 60-day period beginning on the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule published on April 2, 2009 (74 Fed. Reg. 15123 et seq.) without regard to any other provision of statute or regulation that applies to issuance of such rule. Such reissuance (including this section) shall not be subject to judicial review and shall not abrogate or otherwise have any effect on the order and judgment issued by the United States District Court for the District of Wyoming in Case Numbers 09-CV-118J and 09-CV-138J on November 18, 2010.
In short, nobody has a clue as to what exactly this wording means or how it is going to affect a laundry list of other settled and pending issues.
I’m not a lawyer nor am I an expert on the U.S. Constitution but I have my doubts as to whether legislation can be written that bypasses judicial scrutiny.
Aside from the unknown mess the U.S. Congress will be getting themselves into, the rider attached to this budget bill is doomed for failure and I am convinced it was contrived with that in mind.
It is assumed that this CR will pass both houses of Congress and signed by the President by week’s end.
All support should get behind H.R. 509. It’s a straightforward bill that’s simple and doesn’t utilize any smoke and mirrors.
*Update* April 12, 2011, 3:15 p.m.
Here is Congressman Mike Simpson’s press release issued today. Congressman Simpson is Chairman of the House Interior and Environment Appropriations Subcommittee, which oversees funding for the U.S. Fish and Wildlife Service.
Cong. Simpson’s release is hogwash. I know I am probably not making any new friends and losing what few I have, but I’m not willing to jump on some propped up bill rider that will do nothing and probably set this entire process back several years.
Congressman Simpson signed on in support of Denny Rehberg’s bill, H.R. 509 that avoided all this mumbo jumbo of reinstating this and voiding that while, circumventing the courts and cherry picking court rulings, while voiding others. I mean, give me a break! H.R. 509 should have been the language attached in this rider placed on the Federal Budget bill, but it wasn’t. Why not?
Simpson says:
“I am confident that this language gets us closer to our ultimate goal, which is seeing the entire Northern Rocky Mountain wolf population taken off the endangered species list and managed exclusively by the states,”
What about Wyoming? What about the people in the Southwest? What about the citizens residing the Western Great Lakes area? Why write nonsensical, idiot language in a bill rider that gets us “closer” when the language already exists that will resolve the problem for everyone and not come across as a bunch of radical hoodlums trying to blow smoke up someone’s hat to avoid judicial scrutiny? We may not like the results that come out of some of the courts but many of us have to rely on those same courts when the pendulum is swinging the other way.
Supporting this unsettling bill is a very bad idea. I will not do it and will continue to focus on the possibilities of passing H.R. 509. I certainly can’t see any reason why Rep. Simpson of Idaho and Sen. Baucus and Sen. Tester of Idaho should be considered allies in our fight for passage of H.R. 509. They have taken a very different turn.
Tom Remington


