On September 4, Donald Trump issued an executive order that aimed to roll back protections for gray wolves and Mexican gray wolves under the Endangered Species Act (ESA). During a discussion in the Oval Office, he seemingly indicated to an Arizona rancher that wolf hunting could commence immediately, leading to widespread misunderstandings and viral claims on social media suggesting that he legalized the killing of endangered wolves.
However, these claims are fundamentally incorrect. The executive order does not grant hunting permissions, and killing a federally protected wolf remains a federal offense. An executive order cannot override a law enacted by Congress, and attempting to do so contradicts established legal and environmental principles.
Why This Executive Order is Illegal
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Role of the Executive Branch: The executive branch is tasked with enforcing laws, not creating or eliminating them. The ESA is a federal statute approved by Congress in 1973, and executive orders can only influence how federal agencies implement existing laws, not alter their text.
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Review Process: The executive order instructs the Interior Secretary to “initiate a review” regarding the potential delisting of wolves rather than substantiating an immediate removal from protection.
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Mandatory Procedures: Official delisting requires adherence to a rigorous administrative process as dictated by the Administrative Procedure Act (APA). An implication that the Interior Department could easily change the legal status of wolves, as stated by Agriculture Secretary Brooke Rollins, disregards established legal frameworks.
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Scientific Basis for Decisions: The ESA mandates that decisions about species protection must rely on the best available scientific data, a requirement that the order’s approach neglects by primarily prioritizing rancher interests.
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Public Involvement: The ESA ensures that the public and scientific community can review and challenge proposals. A private Oval Office event does not meet this requirement for transparency.
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Legal Precedents: Previous attempts to delist wolves were foiled in court because they were ruled “arbitrary and capricious,” lacking scientific justification. The current administration appears intent on evading these established legal procedures.
Dangerous Precedent Regarding Conservation
If this executive order bypasses the formal ESA delisting process, it sets a worrisome precedent for U.S. biodiversity. If the president can authorize the immediate lethal removal of wolves based on special interest pressures, similar justifications could be extended to any protected species that obstructs commercial interests.
Examples of Threatened Species:
- Delta smelt: Hindered water diversion projects.
- Rice’s whale: Threatened by potential oil and gas drilling.
- North Atlantic right whale: Affected by regulations on shipping and fishing.
Encouraging individuals to “take care of it” before due process not only invites illegal actions but undermines the rule of law. Even in light of the president’s statements, wolves retain ESA protection, and ranchers acting on Trump’s suggestion should face legal repercussions.
