A court has ruled that the USFWS ignored the best available science when they set aside their own recommendations and denied ESA protection for wolverines.

We recently brought you an update on our lawsuit against the U.S. Fish and Wildlife Service (FWS) for failing to list the wolverine under the Endangered Species Act (ESA). With low population number, rampant habitat loss, and a warming climate threatening the snowpack they need each year to raise their young, wolverines are in a rough spot. Tough as nails when up against the elements or predators, it’s clear that these resilient animals need our help in order to survive their changing world.

The Service’s own experts recommended protecting wolverines under the ESA – but at the last minute, the agency changed course. Without presenting any evidence to support their new claims, the Service stated wolverines were in no real danger and that their populations were steady. The decision left Defenders with little choice. FWS was directly contradicting the experts’ findings and its own staff’s recommendations, throwing science aside and putting this remarkable creature in jeopardy by refusing to grant it the protection it needs. Along with several other conservation groups, we took the issue to court. As we reported last week, we believed the case was pretty black and white. Our legal team worked hard to present the best case we could, we made our arguments and heard the other side, then left it in the judge’s hands.

Now we are thrilled to report that the judge in the case has ruled – and he agrees with us! In his ruling, the judge stated that the Service “unlawfully ignored the best available science by dismissing the threat to the wolverine posed by climate change…and by genetic isolation and small population size.” The Montana district court ruled in our favor, and has directed the Service to reconsider their decision not to list.

This doesn’t guarantee the wolverine will soon receive ESA protection. The Service has to make another decision, and it could make the same one – but as this verdict will remind them, that decision must be based on the best available science. Not convenience, political pressure, or anything else. We hope that the Service takes a hard look at the reality that the wolverine is facing, and at its own staff’s recommendations and research, and decides to give this species the protection it clearly deserves. We don’t know when this decision will come, but we’ll be sure to keep you posted. In the meantime, we’re enjoying the feeling of achieving another win for wildlife. The legal work we do in cases like this – and sadly, there are many cases like this, where it is necessary to hold agencies accountable for their actions – would never be possible without the support of folks like you who care about wildlife. You’ve been there for us, and we’ve been able to be there for wildlife like the wolverine. Thank you so much for helping us continue this important work.

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