A look at the 'tough' Montana judge in the gray wolves case

We've received a lot of responses on the temporary reinstatement of endangered-species protections to gray wolves in the northern Rockies. Meanwhile, the case challenging the delisting, and determining whether this will become permanent, continues.

U.S. District Judge Donald W. Molloy of Missoula, Mont., is presiding over the case and will ultimately make that decision. His 40-page injunction order released late Friday was strongly worded in favor of the environmentalists' case argued by Earthjustice attorney Doug Honnold.

Carl Tobias, a law professor at the University of Richmond, has known Molloy since the judge was a third-year law student at the University of Montana and has closely watched his career. Tobias contacted us to fill us in on a little background about Molloy.

The judge has served as one of Montana's three federal judges since 1996. He was in the Navy from 1968 through 1973 and clerked for two years in Billings after law school.

Tobias characterized Molloy as a "firm but fair ... no-nonsense" judge who "puts parties to their proof."

"This is just a preliminary injunction," Tobias said. "He could ultimately change the ruling himself, when he hears testimony, or it could be reversed on appeal."

The case would be appealed to the 9th Circuit Court of Appeals. Tobias said some of Molloy's rulings, especially in criminal cases, have been reversed in that court, but "he has a strong reputation among the 9th Circuit judges" and is "highly regarded."

According to Tobias, Molloy's legal specialties before he became a judge were torts and product liability for the plaintiff's side.

They were "the most high profile and difficult cases to win," Tobias said. "Like an automobile that goes off the road and injures somebody. I think he had a big case involving a whirlpool that seriously hurt or electrically injured somebody. He took these really hard cases and often won them for people hurt in accidents on the plaintiff side. I always had a lot of respect for him taking on those cases, they were tough, they were hard to win, the defendants always had more resources, but he was very good at winning the tough cases."

Apparently, Molloy also has a "reputation of being tough on the government to prove its case."

"I think that's maybe what you see here ... 'OK Interior Department let's see your evidence, let's see the data, and let's see if you've met the statutory requirements.' The ESA [Endangered Species Act] is very strict, I think, in the way it's written. I think that's probably what you see there reflected [in the order]. He doesn't mince words. He's tough, he's tough-minded ... he puts the lawyers [and scientists] through their paces, and that's fine."

-- Tami Abdollah

Photo: The U.S. Fish and Wildlife Service "provides no new evidence or research to support its change of course" on gray wolves, wrote U.S. District Judge Donald W. Molloy of Montana. "Congress does not intend agency decision-making to be fickle." Credit: Joel Sartore / National Geographic / Getty Images

Comments

[laura]

I can not beleive this. We have more wolves in Idaho than the other two states. This ruling is not fair to us. We have followed the rules and waited for the wolves to be delisted. The population of the wolves here are out of control. The people who wish to protect the wolves think we are going to kill to many. If the population of them were not so high, so many would not need to be killed. Our farmers are faceing enough problems with out the wolf problem. Our other wildlife is significanly suffering because of the over population of wolves in our state. I would love for Idaho to be separted from these other states so we can deal wilth our problem I do not hate wolves but i am frustrated as well as a lot of other idaho citizens that we can not do anything about this situation. We have come up wtih a management plan to manage the wolves in idaho. We have three times the amout required . Exstreams and a lack of common sense is greatly effecting this situation. Why is common sense so rare when we speak about enviromentalist. they kill loggers to get their way. They are trying to make Idaho a wolf heaven with no regard for our wildlife or our citizens. They refuse to use common sense. They refuse to see the forest through the trees. They want to fight controling the wolf poplation regardless of how nesaccary it is.

[Russ]

Laura,
Whether you have a wolf overpopulation issue isn't in question here. The judge wants proof that the Feds have lived up to the criteria of the ESA. The fact that the Wolf populations in Idaho are so huge doesn't matter to a Montana Judge.
Can you tell me the current population of wolves in the State of Idaho or is this just your idea to claim there's too many? (a quick FYI, it was the same Gov't that Years ago permitted the wholesale slaughter of wildlife in the late 1800's and intentionally introduced Demodex Mange to Wolves in the 1970's). Where the problem lies is that the release/re-establishment locations were too close to populations of people and livestock. to Wolves, Livestock is a Buffet.

[ben]

This ruling demonstrates the proper roll of the judiciary and an excellent example of the legal system working. Despite the hysterical comments of some Idaho residents Wolves are not running rampant through the streets killing all of our children. The only thing Judge Malloy has done is require the government to present some facts and science to back up their decisions, not just rely on peoples left over nightmares from reading little red riding hood. As for the wildlife, reduced range forage and water sources from cattle grazing is a far larger stress than wolves, which game species have evolved with for thousands of years. If wolves were the problem then yellowstone national park would not have the herds of deers , elk, and moose which are thriving.

[erica]

why do people always attack environmentalists because what they stand up for isn't what everyone else is wanting. it isn't the environmentalists that have no common sense... its the people that hunt down and kill creatures until they're on the brink of extinction. the environmentalists are trying to prevent that from happening in this case. in Idaho there might be more than enough wolves to cull the pack, in your opinion, but look at the over all population in the wild. is it above the number for the world? that's what they look at, not the individual populations.

[Tangent]

Predator populations are self-regulating. They also have a tendency to avoid humanity unless acclimated to them by idiots who feed them and the like. The mere act of "marking" your territories (there are synthetics out there that can be used, so there's no real need to go out there with a huge thermos of coffee) will help protect regions from becoming wolf territories (and sure, you need to regularly go out there and "re-mark" the territories, but it's a small price to pay).

In addition, the wolves help cut down on other predators. When wolves are thriving, coyotes don't. Wolves don't accept the competition and will kill a coyote outright. They also reduce the population of mountain lions and the like, predators that don't give a damn about humans and who will attack people if they get a chance.

Finally, wolves will move out of a crowded region. Idaho's wolf population will migrate to other states to deal with overcrowding. It's that... or starve. In doing so, they'll stabilize other populations (such as rabbit, groundhog, and deer) that often end up growing out of control because of the lack of effective predators. In the end, the wolves will do you more good than harm, should you take just a few precautions to preserve your own "territories" for your cattle and livestock.

[Lisa W]

We can't shoot coyotes in CA and they come in the neighborhoods and kill our cats and dogs. Guess what, my ancestors had to protect their livestock and pets from wild animals. Why should it be any different today? Why should the government protect your livestock for you? Go pee on your fences. Wolves respect that. And they keep coyotes and mountain lions away. Those are animals that will kill your kids, or even you. Wolves stay away from humans. JUST FREAKIN PEE a circle around your land. It aint hard. Fill up some big containers, get the whole family in on it and save some toilet water. Then go pour it every 10 feet or so. Wolves understand that. No need to get violent.

[Ele]

I too am quite familiar with this "judge". Another guy who thinks that the black robe he dons plus the fact that his "bench" is elevated above the people gives him god like power to favor his chosen people. The law and the Constitution be damned! I live in Montana and in a county that has had a problem with wolf kills of calves. Just a couple of weeks ago an entire pack in another Montana county had to be "exterminated". I go walking just up from my property. I've seen wolves there. I now carry a gun. Ever hear of the law of the West?

[kws]

"the wolves will do you more good than harm" hahahahaha. What a load of rubbish! They were killed by settlers in those areas for a reason.

[leeda]

I think a man.. or woman should be free to kill a predator that is on his property.. I seriously doubt that the wolf population would be endangered by some farmers killing the few that preyed on his herd/ flock or whatever. If the wolves are truly that vulnerable.. maybe we should be looking at placing them in reserves on State or National lands. The last thing we need to do is to create difficulties for our farmers. If you don't understand what I am saying you are way too comfortable in your illusions

[Perry Jock]

Thank you Judge Molloy.

My wife and I have been supporting the Yellowstone wolf restoration project since it's inception. It is appalling to think a few rich cattlemen and their lobbyists can ruin what we have worked so hard to achieve this past decade.

Wolves, not cattle, are a part of our national heritage. They don't need to ever be "managed" into extinction again.

[Donna]

I'm curious where the environmentalists that are fighting to keep wolves listed in Idaho live. Perhaps we could relocate some of our Idaho wolves to their back yard and see how they like it.

[John]

US Fish and Wildlife biologists, among the foremost wolf experts in the world, have determined the wolf populations are sustainable - in fact they are amazed at how successful wolf reintroduction to the northern Rockies has been. Shouldn't that be good enough? Do we really need a ham-fisted Montana judge and a bunch of eastern liberals to rule Idaho from their ivory towers? I say hell no.

[mike]

There are some wild posts on here, and I just deleted my first post and then read about the rich cattlemen destroying the wolves, and that cattle were not part of our heritage. I thnk they have it backwards, Rich greenies are destroying Montana, Idaho and Wyoming. We have no say in our own states, most of the time. It seems as though the animals are more important than the people. And if some of these people put half of their efforts into homelessness or world hunger they would completely eradicate it.

Research Grant Kohrs, and understand that after mining cattle was the only thing that kept the west going. the cattle ranchers in the U.S. have been feeding hungry mouths all over the world. Cattle are just about an important part of the west's heritage as the gold rushes and city folk.

The wolves were dropped in yellowstone, now they populate a three state area. I don't mind them, if they don't mind me, but if they start selling licenses I will be sure and buy one. They have been known to take down lamas and sheep in very close proximity to towns and even major cities.

The wolves have not only impacted on livestock, but the elk and deer herds have suffered major blows in Western Montana. wolves will go past an area where you pee, just like any animal with half a brain eventually they learn that it just smells funny and won't harm them. The people in California shoud take some of the gang bangers out there and let them shoot some coyotes, maybe then they would shoot at other people so much.

As for Judge Molly, he sure went a long way from his Butte Montana roots. I wonder how much the greenies are paying him. It seems every time a environmental case comes up he rules in favor of the environmentalists. I read his comments on why he handed down the judgment he did and I was pretty shocked. I really don't think he has been out of Missoula for a while. Maybe he should get out and see what's going on before he slams the gavel down.

[PeterPac]

I am neither a environmentalist nor a devout animal protector but Mother Nature placed wolves on this earth for something and I do not think just for extermination of their species. I adopted 3 wild mustangs and do a lot of riding in the wilderness. I have come face to face with wolves and like any other wild animal their first reaction is the same as ours to protect themselves.

I read the posts and people seem to forget it is not the wolf encroaching upon us it is us encroaching upon them. The wolf was long here before the settler and the so called cattle ranchers (that want more and more land). What did they expect when they took away the wolves land? Our wilderness is slowly disappearing and all for money and greed. We the people have lost our respect of the land and for wild animals. The way I read a lot of the posts are "Lets just kill off everything so we can raise our cattle. Its not just the wolf but they also say the wild mustang and burros are eating all the cattle grazing lands. Lets see, there are how many cattle per wild horse are there? 1,000, maybe 5,000!

Mother Nature placed the wolf here as a natural predator of the elk, moose, and deer. I ride in the wilderness quite often and there are over abundance of certain animals in areas and shortages in others but I do not see the states stopping hunting of them but are blaming the under population on the wolf.

Judge Molloy is known to look at all the data, not like the Fish and Wildlife using outdated data and census. We need more judges like this who do not always side with government or money hungry greed type corporations. By the way, how many ranches in your state are privately owned by one family now?? Do your homework and see just how many are now owned by corporations or are funded by them.

[PeterPac]

I am neither a environmentalist nor a devout animal protector but Mother Nature placed wolves on this earth for something and I do not think just for extermination of their species. I adopted 3 wild mustangs and do a lot of riding in the wilderness. I have come face to face with wolves and like any other wild animal their first reaction is the same as ours to protect themselves.

I read the posts and people seem to forget it is not the wolf encroaching upon us it is us encroaching upon them. The wolf was long here before the settler and the so called cattle ranchers (that want more and more land). What did they expect when they took away the wolves land? Our wilderness is slowly disappearing and all for money and greed. We the people have lost our respect of the land and for wild animals. The way I read a lot of the posts are "Lets just kill off everything so we can raise our cattle. Its not just the wolf but they also say the wild mustang and burros are eating all the cattle grazing lands. Lets see, there are how many cattle per wild horse are there? 1,000, maybe 5,000!

Mother Nature placed the wolf here as a natural predator of the elk, moose, and deer. I ride in the wilderness quite often and there are over abundance of certain animals in areas and shortages in others but I do not see the states stopping hunting of them but are blaming the under population on the wolf.

Judge Molloy is known to look at all the data, not like the Fish and Wildlife using outdated data and census. We need more judges like this who do not always side with government or money hungry greed type corporations. By the way, how many ranches in your state are privately owned by one family now?? Do your homework and see just how many are now owned by corporations or are funded by them.

[Cindy]

Good comment PeterPac. You basically said everything I would say. Predatory creatures are here for a reason. Wiping out any one species throws things out of biological balance. Cattle, crops, these are really invasive species to our native lands. However we need to eat so we need these things. We are humans with brains. If we can figure out how to put a man into space I'm sure we could come up with a way to protect cattle from predators without killing the predatory animals if we wanted to. Usually when a species becomes either too scarce or overpopulated there is a reason for it--and it is usually caused by human interruption of natural processes. People need to start learning to live with the land, not against it.

[Doc]

The reality is that Malloy can make whatever ruling he wants from his lofty perch in Missoula, it's not his first nor will it be his last i'm sure. But he will not be with me when I am hunting in the mountains of western Montana and if I see a wolf..... you might guess what will happen. And there is NOTHING you greenies will be able to do about it.

3-7-77

[mnrancher]

well i live in mn.ive lost 38 calves last spring and this is my land mind you,all fenced in pissing on the fance line sounds like something from a five year old that he might do,probaly you should go piss up a rope. no dought some farmers there are grazeing on public land,well not here.i get paid for three calves all due to wolf defenders rules they make ,none of us get paid ,but for a few calves,why because if you only pay for a few the numbers all of a sudden dont look that bad when they add up what wolves kill.whithin 25 mile range of my land theres been 76 calves killed 11 that was paid for, 300 turkeys in one night , 15 sheep and they do kill for the fun of it.you can not do all the calcutaions from a desk and figure out what the perfect number of wolves should be in each state you must live with them like we do to know when theres to many. i am sure its nice to saddle up the horse and go for a joy ride,but when you encounter a pack of wolves your going to have the ride of your life the natural instict of that horse is to run .far as the judge thers alot of us that no where to put that gavel. some of you make criminals out of us when commen sense isnt used you protect these wolves to the piont where you are the ones that are actually endangering the wolves you love so much.there were 22 in one pack here killing our livestock instead of helping us control numbers there all gone

[wheat]

People need to look at the Rocky Mtn. Elk Foundation website and see the horrific pictures of uneaten sport kill of cow elk, held down by the nose, while trying to calve, with the calf ripped out of the birth cavity, this done while the cow is alive; and it one sad instance, died in a man's arms, after her calf and baby were eaten. The rest of the animal isn't eaten. They feed on the calves of bison also.

I live in Potlatch, Idaho and our herd is decimated here as well. A wolf killed a moose this week in the Coeur d' alene, Idaho area. This last cougar season, two dogs were killed, within minutes, after being released. This wasn't done by a cougar, the run up a tree. This was done by a wolves.

Our neighbors have had them in their yards. They have been photographed a mile outside city limits of Moscow.

These animals are killing machines. Of course I haven't mentioned attacks on farmers and ranchers livestock, and horses as well.