ELR Citation: 54 ELR 20144
No(s). 23-cv-03294-RMR (D. Colo. Oct 10, 2024) (Rodriquez, J.)

A district court granted Colorado parks and wildlife agencies' motion to dismiss a lawsuit challenging the reintroduction of gray wolves in the state. A conservation group argued the agencies violated NEPA by failing to conduct or complete the environmental review process required for wolf introduction, and violated the ESA by capturing wolves and releasing them in the state. The court found the group failed to show the decision to release wolves in Colorado was a "major federal action" subject to NEPA, and that it failed to state a claim for violation of ESA §9 because the wolves were not a listed species in eastern Oregon, where they were captured and transported from, and because an agreement between Colorado and FWS exempted them from liability under §9 once the wolves were released in Colorado. It dismissed the suit for lack of subject matter jurisdiction and failure to state a claim.