Editorial: Wolves meet political destiny

The Department of the Interior has on three different occasions tried to remove the gray wolf from Endangered Species Act protection. Officials say the wolves have recovered sufficiently in much of the West to remove them from the endangered species list. A provision of the budget deal removes federal protection of wolves in some areas, and in other states where protections remain the responsibility of enforcement will be the duty of the state. Legislators said that without action the wolves would have remained on the endangered list indefinitely, and subjected ranchers to further depredation without recourse. Generally, we don't favor Congress carving out special protections or exceptions in federal law. In this case, however, the Department of the Interior, which is empowered by the ESA to make such decisions, tried three times to remove the wolves' protected status. Three times that decision was overruled by a federal judge. Congress has only sought to legislate what the executive branch has already decided. Increasingly, activists have come to depend on the courts as the final arbiter in their favor of all things concerning the environment. Under the Constitution, courts are free to decide cases based on how facts relate to their interpretation of the law. Congress has the sole authority to draft and enact the law. Congress created the Endangered Species Act, and it is free to amend it...more