Legal Challenges Surround Colorado's Wolf Reintroduction Efforts

The reintroduction of gray wolves in Colorado is facing significant legal challenges, primarily centered around the sourcing of wolves from Canada. Former congressman Greg Lopez, currently a gubernatorial candidate, has raised concerns that Colorado Parks and Wildlife (CPW) is violating federal law by importing wolves from Canada, as the U.S. Fish and Wildlife Service (USFWS) permit issued in 2023 specifies that wolves can only be sourced from certain U.S. states, including Idaho, Montana, Wyoming, and parts of Oregon, Washington, and Utah.

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Lopez argues that the importation of wolves from Canada contravenes the Endangered Species Act, which prohibits the import of endangered species without federal authorization. He has spearheaded a letter signed by various livestock and agricultural groups, urging USFWS to address these alleged violations. In contrast, CPW maintains that the Endangered Species Act does not apply to unlisted wolf populations in Canada, asserting that they have complied with all applicable laws and consulted with USFWS prior to their actions.

Glenwood Springs Post Independent

CPW spokesperson Luke Perkins stated, “CPW has coordinated with USFWS throughout the gray wolf reintroduction effort and has complied with all applicable federal and state laws.” He emphasized that gray wolves in Canada are not considered endangered, thus allowing for their importation under current regulations. Governor Jared Polis' office echoed this sentiment, asserting that no violations occurred in securing wolves from Canada.

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Critics, including Lopez and various livestock associations, argue that the state is overstepping its legal boundaries. They have requested a pause on further wolf relocations until the legal implications are fully assessed. Lopez stated, “A pause is definitely needed... to make sure that we do this correctly.” The Montrose County Commission has also introduced an ordinance to prohibit the introduction of non-native species, specifically targeting gray wolves from Canada.

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While CPW insists it is operating within legal parameters, Lopez and the livestock associations contend that federal permits are necessary for any cross-border wolf imports. The legal organizations Earthjustice, Western Environmental Law Center, and Defenders of Wildlife have countered Lopez's claims, stating that the federal rule does not restrict sourcing wolves solely to the Northern Rocky Mountain population. They argue that the rule allows for flexibility in sourcing wolves, including from Canada, if necessary.

EarthJustice

As Colorado prepares for another planned release of 10 to 15 wolves this winter, the ongoing legal disputes may complicate these efforts. CPW has signed a new memorandum of understanding with British Columbia to facilitate the capture of wolves, despite the legal challenges posed by Lopez and the livestock industry. The outcome of these disputes will likely shape the future of wolf reintroduction in Colorado and could set precedents for similar conservation efforts nationwide.

The Coloradoan

• “I think a pause is definitely needed and it's a reasonable request because that will allow everybody to catch a breath and make sure that we do this correctly.” — Greg Lopez, Former Congressman and Gubernatorial Candidate

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• “Endangered Species Act does not apply to these unlisted populations.” — Luke Perkins, CPW Spokesperson

Glenwood Springs Post Independent

• “Wolves are making a remarkable – and valuable – comeback, despite being undermined by political ploys such as this.” — Kelly Nokes, Attorney, Western Environmental Law Center

EarthJustice

• “The 10(j) rule does not mandate that Colorado’s wolves come from specific states, period.” — Lisa Saltzburg, Senior Attorney, Defenders of Wildlife

EarthJustice