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41 Ariz. St. L.J. 905 (2009)
Unlucky Number 13: The Endangered Species Act, Subdelegation, and How Standard Operating Procedure 13 Jeopardized Mexican Wolf Reintroduction

handle is hein.journals/arzjl41 and id is 913 raw text is: UNLUCKY NUMBER 13: The Endangered
Species Act, Subdelegation, and How
Standard Operating Procedure 13
Jeopardized Mexican Wolf Reintroduction
Natalie Greavest
The female wolf hides in the undergrowth, watching for her
opportunity in the growing dusk. The cows and calves continue
eating grass, their heads down, intent only on what is in front of
them. They are oblivious to her presence-not nearly as skittish as
elk, her main prey. A calf wanders near. She lays her ears back
and readies for the attack. Her mate and the rest of the pack
tensely await her signal. At just the right moment, she launches
from her hiding place, easily pulling down the unsuspecting calf
and snapping the small backbone. The mother cow's eyes roll
wildly as she plunges toward her calf Her alpha male mate and
the rest of the pack seize the opportunity, taking the large cow
down as well. The pups will eat well today, but success will not be
without price. The she-wolf does not understand that she has just
signed her own death warrant in cattle's blood.
Endangered species protection, and wolf reintroduction specifically,
seems to invite extensive litigation. A ten member consortium of
environmental groups recently filed a case in the Arizona District Court
alleging mismanagement of the Mexican Wolf Recovery program.' The
legal issues presented in the case are extremely important in the area of
environmental law. While several claims are alleged in the Complaint,2 this
t   Research Editor, Arizona State Law Journal, J.D. Candidate, Sandra Day O'Connor
College of Law at Arizona State University, May 2010. Special thanks to Sawyer, Aspen,
Caleb, and Roger.
1.  First Amended Complaint for Plaintiffs Defenders of Wildlife, et al., Defenders of
Wildlife v. Tuggle, 607 F. Supp. 2d 1095 (D. Ariz. 2009) (Nos. CV-08-280 DCB, CV-08-820
2.  Id. The First Amended Complaint alleged that: 1) the Fish and Wildlife Service
(FWS) violated the National Environmental Protection Act (NEPA) by failing to prepare
and circulate an environmental impact statement prior to its approval of a memorandum of
understanding; 2) FWS violated NEPA by not preparing and circulating an environmental

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