This is not a huge surprise. Molloy refused to budge from his previous position that the Endangered Species Act does not provide for a staged withdrawal of protections based on political boundaries . . .

A federal judge has denied a proposed settlement agreement between the U.S. Fish and Wildlife Service and 10 conservation groups that would have lifted endangered species protections for wolves in Montana and Idaho.

U.S. District Judge Donald Molloy in Missoula on Saturday rejected the agreement that could have led to public hunting of some 1,300 wolves in the two states.

In the 24-page decision, Molloy cited the court’s lack of authority to put part of an endangered species population under state management and expose that population to hunting, noting, “Congress has clearly determined that animals on the ESA must be protected as such,” and the court couldn’t “exercise its discretion to allow what Congress forbids.”

He also said he couldn’t approve the settlement proposed in March because not all the parties involved in the case agreed with it. Part of the argument for the settlement was that it could end litigation, but Molloy noted that was unlikely given the opposition by some to the proposed settlement.

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