Idaho wildlife officials are asking an appellate court to overturn a federal judge’s order to destroy data collected from wolf and elk collars that he determined were attached unlawfully.
In 2017, U.S. District Judge Lynn Winmill ruled that a U.S. Forest Service permit allowing Idaho officials to use helicopters to collar elk in the Frank Church-River of No Return Wilderness had been authorized contrary to federal environmental and wilderness laws. By the time the judge had ruled, the Idaho Department of Fish and Game had already collared 57 elk, as well as 4 wolves that had been opportunistically tranquilized during the helicopter flights.
As a remedy for violations of the National Environmental Policy Act and Wilderness Act, Winmill ordered Idaho officials to destroy the collar data collected from the elk and wolves. Fish and Game and the Forest Service are now asking the 9th U.S. Circuit Court of Appeals to dissolve that injunction, arguing the judge had abused his discretion by ordering Idaho to destroy its own property.
During oral arguments Tuesday, the plaintiffs contend Idaho has a sovereign interest in managing its wildlife, and once the helicopters flights had ended, the National Environmental Policy Act doesn’t control the state’s ability to collect and possess the collar data. Fish and Game attorneys admit collaring wolves contrary to the federal permit was a mistake, but Idaho shouldn’t be required to destroy the collected data.
Western Watersheds Project and other environmental groups that initially filed a lawsuit opposing the helicopter permit argued the injunction was appropriate, as the data was collected only because federal law was violated. (Capital Press)
