judge Molloy
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Judge Donald Molloy has upheld Congress in the case involving the legislative rider to the 2011 Budget Bill which had the effect of delisting wolves in Idaho, Montana, and parts of Washington, Oregon, and Utah. He writes: “If I were not constrained by what I believe is binding precedent from the Ninth Circuit, and on-point…
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The Tester-Simpson budget rider that interfered with an ongoing lawsuit is before Judge Molloy- The legal issue in question is not wolves, but whether Congress can constitutionally decide the outcome of a lawsuit. We all know that congress can effectively overturn many court decisions afterwards, but if Jones sues Smith, for example, can Congress constitutionally…
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Says that the agreement is illegal Today Montana District Court Judge Donald Molloy denied the settlement agreement put forth by 10 of the 14 environmental groups who sued to keep wolves protected under the Endangered Species Act. The settling parties had asked the judge to set aside his previous ruling which found that the USFWS…
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The groups that settled have not gained the assurance of anything- Today’s announcement that a number of plaintiffs in the wolf delisting case are seeking a settlement with the Department of Interior they hope Judge Molloy will approve does represent a difference in strategy how to proceed in the current political environment. Three groups, the…
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Groups pursue different strategies for a variety of reasons- I suppose there might be different statements from some of the groups. I think the differences were based on differing perceptions of what the future holds in terms of legislation and the worthiness of the Administration’s position of protecting the existing population of wolves. Personally, I…
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Molloy says an “experimental” (10)j wolf population most likely does not exist- Here is the actual text of the judge’s latest wolf decision. I think he is also saying a valid 10j population has not existed for some time, although he did not resurrect the argument that the original 10j reintroduction was not proper. Molloy’s…
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Court of Appeals limits scope of Supreme Court decision and overturns Judge Molloy- A couple years ago in Winter v. Natural Resources Defense Council the U. S. Supreme Court continued its trend toward make it harder to temporarily stop government actions before irreparable harm was done. Applying this viewpoint, Montana federal district Judge Molloy let…
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Senior status Reduces Judge Molloy’s caseload U.S. District Judge Donald Molloy of Montana has announced that he will take “Senior status”. District Judge Molloy to step aside – Wyoming Tribune “Senior status” means retirement from active service. Senior judges continue to hear cases, usually with a reduced case load. The announcement, however, said Molloy intends…