Author: Damien M. Schiff
Last week Judge Molloy of the District of Montana upheld Congress's legislative delisting of the gray wolf from the Endangered Species Act. Now it appears that the environmentalist groups who challenged Congress's action will appeal the decision. One of the groups' spokesmen explained: "What Judge Molloy said was he was following 9th Circuit precedent. The 9th Circuit can overturn its own precedent." It's true that the Ninth Circuit can overturn it's own precedent, but only when sitting en banc. It will be interesting to see whether the environmentalist groups request an en banc hearing from the get go.