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Humane Soc'y of the United States v. Kempthorne

ELR Citation: 38 ELR 20134
Nos. Nos. 06-5396, -5397, (D.C. Cir., 06/03/2008)

The D.C. Circuit vacated a lower court judgment enjoining the U.S. Department of the Interior (DOI) from authorizing the Wisconsin Department of Natural Resources to lethally take gray wolves for depredation control. Since the lower court issued its decision, the DOI removed the gray wolf population located in the Western Great Lakes Region (which includes Wisconsin) from the endangered species list, thereby removing the species from Endangered Species Act protection and mooting the government's and a hunting club's appeal. Because one of the parties seeking appellate relief—the hunting club—was not responsible for mooting the case, vacatur is warranted.