Mexican Gray Wolves, Courts, and the Border Wall : Lobo Returns from Limbo

This book provides an in-depth analysis of the reintroduction and recovery of the Mexican wolf in the American Southwest, with a particular focus on the role of the Federal judiciary.
Edward A. Fitzgerald contends that federal courts have played a critical role in facilitating the species’ return, primarily through their interpretation of statutory law - most notably, the Endangered Species Act (ESA). The courts rejected challenges from the livestock industry, reaffirmed Federal authority over the recovery process, and struck down certain Federal regulations that hindered effective wolf management. However, Fitzgerald argues that the judiciary also made significant missteps. Federal courts upheld revised Mexican wolf management regulations and recovery plans that failed to meet the ESA’s requirement to rely on the “best available science.” Additionally, the courts issued inconsistent rulings concerning the construction of border barriers. While they blocked the Trump administration’s unauthorized transfer of funds for wall construction, they repeatedly and erroneously upheld the Secretary of Homeland Security’s waiver authority. This authority permitted border wall construction to proceed in violation of Federal, state, and local laws - actions Fitzgerald claims exceeded statutory limits and violated the nondelegation doctrine. Providing a comprehensive and detailed examination of the legal challenges surrounding the Endangered Species Act and the recovery of the Mexican gray wolf, this book will be of interest to legal scholars, policymakers, and conservation advocates.