WYOMING FARM BUREAU FEDERATION; Montana Farm Bureau Federation; American Farm Bureau Federation; Mountain States Legal Foundation; Idaho Farm Bureau Federation; National Audubon Society, a nonprofit corporation; Predator Project, a nonprofit corporation; Sinapu, a nonprofit corporation; Gray Wolf Committee, a conservation group, Plaintiffs-Appellees, Cat D. Urbigkit; James R. Urbigkit, Plaintiffs-Appellees and Cross-Appellants, v. Bruce BABBITT, Secretary of Department of Interior; George T. Frampton, Assistant Secretary of Fish and Wildlife and Parks, Department of Interior; Jamie Clark, Director of United States Fish and Wildlife Service; Ralph O. Morgenweck, Regional Director of United States Fish and Wildlife Service; Edward E. Bangs, Project Leader of Gray Wolf EIS; Roger Kennedy, Director of National Park Service; Daniel Glickman, Secretary of Department of Agriculture; Michael Dombeck, Chief Forester of United States Forest Service, in their official capacities; Department of Interior; United States Fish and Wildlife Service; National Park Service; Department of Agriculture; United States Forest Service; United States of America, Defendants-Appellants and Cross-Appellees, National Wildlife Federation; Wyoming Wildlife Federation; Idaho Wildlife Federation; Wolf Education and Research Center; Defenders of Wildlife, Intervenors-Appellants, Nez Perce Tribe, Intervenors.
Nos. 97-8127, 98-8000, 98-8007, 98-8008, 98-8009, 98-8011
United States Court of Appeals, Tenth Circuit
Jan. 13, 2000.
Prison officials violate the Eighth Amendment‘s prohibition against cruel and unusual punishment when they act deliberately and indifferently to serious medical needs of prisoners in their custody. This is true whether the indifference is manifested by prison doctors responding to the prisoner‘s needs or by guards’ intentionally delaying or denying access to medical care that has been prescribed. See Estelle v. Gamble, 429 U.S. 97, 104-06, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).
Deliberate indifference has both an objective and subjective component. See Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). The medical need must be sufficiently serious to satisfy the objective component. See id. We have held that a medical need is sufficiently serious “if it is one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor‘s attention.” Ramos v. Lamm, 639 F.2d 559, 575 (10th Cir.1980) (quotation omitted).
In terms of the subjective component, i.e., the requisite deliberate indifference, a plaintiff must establish that defendant(s) knew he faced a substantial risk of harm and disregarded that risk, “by failing to take reasonable measures to abate it.” Farmer, 511 U.S. at 847, 114 S.Ct. 1970. The Eighth Amendment also protects against future harm to an inmate. See Helling v. McKinney, 509 U.S. 25, 33, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993).
Under these standards, delay in providing medical care may constitute a violation of the Eighth Amendment. See, e.g., Thomas v. Town of Davie, 847 F.2d 771, 772-73 (11th Cir.1988) (concluding that an automobile accident victim stated an Eighth Amendment claim against police officers for delay in obtaining medical care when the victim obviously needed immediate medical attention and his condition was deteriorating). Delays that courts have found to violate the Eighth Amendment have frequently involved life-threatening situations and instances in which it is apparent that delay would exacerbate the prisoner‘s medical problems. See Hill v. Dekalb Regional Youth Detention Center, 40 F.3d 1176, 1187 & n. 21 (11th Cir.1994) (collecting cases). Officials may also be held liable when the delay results in a lifelong handicap or a permanent loss. See id. at 1188.
See Grant v. Bernalillo County Detention Ctr., 173 F.3d 863, 1999 WL 157415 at *2 (10th Cir.1999) (unpublished disposition).
On the present state of the record, without any response by the defendants, we cannot conclude that Mr. Mapp failed to allege sufficient facts to state an Eighth Amendment claim.
Accordingly, the judgment of the district court is REVERSED, and the matter is REMANDED to the district court for further proceedings.
James R. Urbigkit, pro se, for Plaintiffs-Appellees and Cross-Appellants.
M. Alice Thurston (Lois J. Schiffer, Assistant Attorney General, James C. Kilbourne, Ellen Durkee, and Christiana P. Perry, Department of Justice, Washington, D.C.; Margot Zallen, Denver, Colorado, and David Gayer, Washington, D.C., of counsel, Department of Interior, with her on the briefs) of Department of Justice, Washington, D.C., for Defendants-Appellants and Cross-Appellees.
Brian B. O‘Neill (Richard A. Duncan and Jonathan W. Dettmann of Faegre & Benson LLP, Minneapolis, Minnesota; Russell O. Stewart and Colin C. Deihl of Faegre & Benson LLP, Denver, Colorado, with him on the briefs for Defenders of Wildlife; Thomas France and Thomas Lustig of National Wildlife Federation, Missoula, Montana, with him on the briefs for National Wildlife Federation, Wyoming Wildlife Federation, Idaho Wildlife Federation, and Wolf Education and Research Center) of Faegre & Benson LLP, Minneapolis, Minnesota, for Intervenors-Appellants.
Douglas L. Honnold (James S. Angell with him on the briefs) of Earthjustice Legal Defense Fund, Bozeman, Montana, for Predator Project, Sinapu, and Gray Wolf Committee.
Louis R. Cohen, James R. Wrathall, Matthew A. Brill, and Susan A. MacIntyre, of Wilmer, Cutler & Pickering, and Elizabeth Fayad, of Counsel, National Parks and Conservation Association, Washington, D.C., filed an amicus curiae brief on behalf of National Parks and Conservation Association, in support of the Department of the Interior.
Michael J. Bean, Environmental Defense Fund, Washington, D.C., and James B. Martin, Boulder, Colorado, Environmental Defense Fund, filed an amici curiae brief on behalf of Environmental Defense Fund, World Wildlife Fund, Wildlife Conservation Society, Izaak Walton League of America, Idaho Conservation League, Wolf Recovery Foundation, and Center for Marine Conservation.
David J. Cummings, Lapwai, Idaho, filed an amicus curiae brief on behalf of Nez Perce Tribe.
James C. Hill, Washington, D.C., filed an amicus curiae brief, pro se, in support of Plaintiffs-Appellees.
Before BRORBY, HOLLOWAY and HENRY, Circuit Judges.
BRORBY, Circuit Judge.
These consolidated appeals stem from three separate challenges to the Department of Interior‘s (“Department“) final rules governing the reintroduction of a nonessential experimental population of gray wolves in Yellowstone National Park (“Yellowstone“) and central Idaho. The district court consolidated the challenges and struck down the wolf reintroduction rules, concluding they (1) are contrary to Congress’ clear intent under
I. Background
A. Factual Summary
Detailed facts underlying this appeal are set forth in Wyoming Farm Bureau Fed‘n v. Babbitt, 987 F.Supp. 1349 (D.Wyo.1997); hence, we provide only a summary of salient facts.
The Secretary of Interior (“Secretary“) listed the Northern Rocky Mountain Wolf, an alleged subspecies of the gray wolf, as an endangered species under the Endangered Species Act of 1973. 43 Fed.Reg. 9607 (March 9, 1978) (“Reclassification of the Gray Wolf in the United States and Mexico, with Determination of Critical Habitat in Michigan and Minnesota“). In 1978, the Secretary listed the entire gray wolf species as endangered in the lower forty-eight states, except Minnesota.1 Id. at 9610, 9612. In 1980, a team organized by the Department of Interior completed its Northern Rocky Mountain Wolf Recovery Plan (“Recovery Plan“), pursuant to the
Based on the 1987 recommendation, and at Congress’ direction, the Fish and Wildlife Service, in cooperation with the National Park Service and the United States Forest Service (“Forest Service“), prepared an environmental impact statement in accordance with the
In June 1994, Secretary Bruce Babbitt adopted the proposed action alternative subject to certain conditions intended to “minimize or avoid the environmental impacts and public concerns identified during the environmental review process.” One condition was the promulgation of nonessential experimental population rules to implement a wolf management program under section 10(j). The Department published its final experimental population rules in November 1994. 59 Fed.Reg. 60252 (Nov. 22, 1994). The Recovery Plan and final rules prescribe the release of 30-150 wolves from Canada into designated areas of Yellowstone and central Idaho over a three- to five-year period, id. at 60254-255, 60266, 60269, notwithstanding the Department‘s acknowledgment (1) a colony of naturally occurring wolves exists in Montana which, as the number of wolves increases, eventually will recolonize areas of Yellowstone and Idaho; and (2) lone wolves have been confirmed to exist in or near the designated experimental population areas in Yellowstone and Idaho. The final experimental population rules expressly authorize persons coming into contact with wolves to take actions otherwise prohibited under the
B. The Parties
Appearing as Defendants/Appellants in this matter are the various governmental departments, agencies and their officials responsible for wolf and wolf habitat management, including the Department of Interior, its agencies the Fish and Wildlife Service and National Park Service, and the Department of Agriculture and its agency the Forest Service (hereafter the “Agencies“). On appeal, the National Audubon Society, which originally appeared as a plaintiff, realigns itself and joins in the Agencies’ briefs. The National Wildlife Federation, Defenders of Wildlife, Wyoming Wildlife Federation, Idaho Wildlife Federation, and the Wolf Education and Research Center appear as Intervenors on behalf of the Agencies. Collectively, these parties advocate the legal validity of the wolf reintroduction rules, and any reference to the Agencies’ arguments or contentions generally reflects those of the Intervenors.
Plaintiffs/Appellees include: the Wyoming Farm Bureau Federation, the Montana Farm Bureau Federation, the Idaho Farm Bureau Federation, the American Farm Bureau Federation, James R. and Cat D. Urbigkit, the Predator Project, Sinapu, and the Gray Wolf Committee. The Urbigkits and the Predator Project also raise issues on cross-appeal. Collectively, these parties represent the educational, economic, and social interests of individuals who reside, recreate, farm, and/or ranch in or near the designated experimental population areas. All participated in the administrative proceedings related to the wolf recovery/reintroduction program. For different reasons, all dispute the legal validity of the wolf reintroduction rules.
The following individuals and entities filed amicus briefs: the Environmental Defense Fund, World Wildlife Fund, Wildlife Conservation Society, Izaak Walton League, Idaho Conservation League, Wolf Recovery Foundation, and the Center for Marine Conservation (collectively referred
C. Pending Motions
The parties filed a number of preliminary motions, which were referred to this panel for resolution. We conclude none is dispositive and rule as follows: All motions to dismiss are denied. The Agencies’ motion to file missing administrative record documents is granted. The National Audubon Society‘s motions to dismiss, realign, and join defendants’ and amici briefs are granted. The Wyoming Farm Bureau‘s Second Motion to Strike is denied. The Farm Bureaus’ motion to expedite is denied as moot.
D. The Issues
Standing
At the outset of litigation, the Defendant Agencies challenged the Audubon Society‘s and the Urbigkits’ standing to bring any claims. The Agencies also challenged the Farm Bureaus’ standing to assert their Endangered Species Act and National Environmental Policy Act claims. The district court held both the Audubon Society and the Urbigkits have standing. Wyoming Farm Bureau Fed‘n, 987 F.Supp. at 1361. The court further held the Farm Bureaus lack standing to assert a National Environmental Policy Act claim. Id. The court determined, sua sponte, that Mountain States Legal Foundation lacks standing to pursue its action altogether. Id. at 1355 n. 10. Mountain States Legal Foundation did not submit briefs on appeal. The remaining parties do not raise the standing issue in their briefs. Accordingly, we do not address this issue, and the district court‘s rulings pertaining to standing remain unaffected.
Statutory Notice and Procedural Rights
The Agencies unsuccessfully sought dismissal of the first two counts of the Farm Bureaus’ complaint for failure to provide sufficiently specific notice pursuant to the
The Farm Bureaus’ contention the Agencies did not afford them certain Endangered Species Act procedural rights provided under
The Wolf Reintroduction Rules
The crux of this case, and hence this opinion, is the validity of the final rules governing the introduction of a nonessential experimental population of gray wolves in the entirety of Yellowstone and in central Idaho. The district court struck down the challenged rules as violative of
II. Legal Analysis
A. Standard of Review
Our review of the rules and record is governed by the
We review matters of law de novo. Id. at 1102. When reviewing the Agencies’ interpretation and implementation of the
B. Statutory Context
Congress enacted the Endangered Species Act in 1973 to “provide for the conservation, protection, restoration, and propagation of species of fish, wildlife, and plants facing extinction.” S.Rep. No. 93-307, at 1 (1973), reprinted in 1982 U.S.C.C.A.N. 2989 (emphasis added); see also
Congress added
Experimental populations
(1) For purposes of this subsection, the term “experimental population” means any population (including any offspring arising solely therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the population is wholly separate geographically from nonexperimental populations of the same species.
(2)(A) The Secretary may authorize the release (and the related transportation) of any population (including eggs, propagules, or individuals) of an endangered species or a threatened species outside the current range of such species if the Secretary determines that such release will further the conservation of such species.
(B) Before authorizing the release of any population under subparagraph (A), the Secretary shall by regulation identify the population and determine, on the basis of the best available information, whether or not such population is essential to the continued existence of an endangered species or a threatened species.
(C) For the purposes of this chapter, each member of an experimental population shall be treated as a threatened species; except that—
(i) solely for purposes of [section 7, 16 U.S.C. § 1536] (other than subsection (a)(1) thereof), an experimental population determined under subparagraph (B) to be not essential to the continued existence of a species shall be treated, except when it occurs in an area within the National Wildlife Refuge System or the National Park System, as a species proposed to be listed under [section 4, 16 U.S.C. § 1533]; and
(ii) critical habitat shall not be designated under this chapter for any experimental population determined under subparagraph (B) to be not essential to the continued existence of a species.
(3) The Secretary, with respect to populations of endangered species or threatened species that the Secretary authorized, before October 13, 1982 [the date of the enactment of this subsection], for release in geographical areas separate from the other populations of such species, shall determine by regulation which of such populations are an experimental population for the purposes of this subsection and whether or not each is essential to the continued existence of an endangered species or a threatened species.
(Emphasis added).
As the language of this provision makes clear, Congress contemplated the Secretary would promulgate special rules to identify each experimental population. As Congress explained:
The purpose of requiring the Secretary to proceed by regulation, apart from ensuring that he will receive the benefit of public comment on such determinations, is to provide a vehicle for the development of special regulations for each experimental population that will address the particular needs of that population. Among the regulations that must be promulgated are regulations to provide for the identification of experimental populations. Such regulations may identify a population on the basis of
location, migration pattern, or any other criteria that would provide notice as to which populations of endangered or threatened species are experimental.
H.R. Conf. Rep. No. 97-835 (1982), reprinted in 1982 U.S.C.C.A.N. 2860, 2875. In other words, Congress purposely designed
C. Alleged Violations
1. Geographic Separation
The Agencies do not dispute individual wolves may leave (and, from time to time, have left) Canada and Montana and enter the experimental population areas in central Idaho and Yellowstone. The Farm Bureaus and the Urbigkits argue, and the district court agreed, that this possibility establishes an overlap of wolf “populations,” or the overlap of the experimental areas and the “current range” of naturally occurring wolf populations in contravention of the requirement in
Plaintiffs base their argument on a single piece of legislative history they claim demonstrates Congress never intended
carefully considered how to treat introduced populations that overlap, in whole or in part, natural populations of the same species. To protect natural populations and to avoid potentially complicated problems of law enforcement, the definition [of “experimental population“] is limited to those introduced populations that are wholly separate geographically from nonexperimental populations of the same species. Thus, for example, in the case of the introduction of individuals of a listed fish species into a portion of a stream where the same species already occurs, the introduced specimens would not be treated as an “experimental population” separate from the non-introduced specimens. . . . If an introduced population overlaps with natural populations of the same species during a portion of the year, but is wholly separate at other times, the introduced population is to be treated as an experimental population at such time as it is wholly separate. The Committee intends, however, that such a population be treated as experimental only when the times of geographic separation are reasonably predictable and not when separation occurs as a result of random and unpredictable events.
H.R.Rep. No. 97-567, at 33 (1982), reprinted in 1982 U.S.C.C.A.N. 2807, 2833. According to the Farm Bureaus, this passage “specifically prohibits the overlap of ‘individuals’ and/or ‘specimens’ of a species, not just the overlap of entire populations of a species,” and demonstrates Congress’ intent that an “experimental population” should exist “only when there is no possibility that members of the ‘experimental population’ could overlap with members of naturally occurring populations.” They claim the Agencies erroneously fail to recognize that populations are necessarily made up of individuals; thus, the wolf reintroduction rules reflect an impermissible construction of
The Farm Bureaus further argue the reintroduction program creates law en-
We begin our analysis by reviewing the statute itself, the extent to which Congress expressly defined relevant terms or otherwise clearly spoke to this issue, and conversely, the degree to which Congress delegated authority over the matter to the Agencies, in particular the Department of Interior. See Chevron U.S.A., 467 U.S. at 842-43, 104 S.Ct. 2778; see also United States v. McKittrick, 142 F.3d 1170, 1173 (9th Cir.1998), cert. denied, 527 U.S. 1013, 119 S.Ct. 806, 142 L.Ed.2d 667 (1999). As the district court recognized, the Endangered Species Act does not define the relevant terms or otherwise address the precise question at issue—whether the phrase “wholly separate geographically from nonexperimental populations” means that a reintroduced population of animals must be separate from every naturally occurring individual animal. Wyoming Farm Bureau Fed‘n, 987 F.Supp. at 1371-74. Instead, as the statutory language and legislative history make clear, Congress deliberately left the resolution of this type management/conservation issue to the Department. See McKittrick, 142 F.3d at 1174 (“Congress’ specific purpose in enacting
The Department defines “population” as a potentially self-sustaining group “in common spatial arrangement,”3 and thus determined a “geographic separation” is any area outside the area in which a particular population sustains itself. See Wyoming Farm Bureau Fed‘n, 987 F.Supp. at 1373; 59 Fed.Reg. at 60256. These definitions preclude the possibility of population overlap as a result of the presence of individual dispersing wolves—by definition lone dispersers do not constitute a population or even part of a population, since they are not in “common spatial arrangement” sufficient to interbreed with other members of a population. Moreover, since it is highly unlikely a lone wolf will encounter another solitary wolf of the opposite sex and reproduce for two years running, the populations left behind by the lone wolves do not expand simply because they travel away.
This interpretation of the “geographic separation” requirement of
Plaintiffs’ argument the Agencies failed to release the Canadian wolves outside the “current range” of naturally occurring wolves is similarly flawed since Plaintiffs rigidly define “current range” as it is used in
2. Protection of Naturally Occurring Wolves
The district court determined, at the behest of the Farm Bureaus and the Predator Project, that the Department must accord full endangered species protections to any naturally occurring wolf found within the experimental areas.7 Accordingly, the district court held the final reintroduction rules, which provide that “[a]ll wolves found in the wild within the boundaries of [the experimental areas] after the first releases will be considered nonessential experimental animals,”8 (1) constitute a “de facto ‘delisting‘” of naturally occurring lone dispersers, and (2) illegally deny full Endangered Species Act protections to offspring of naturally dispersing wolves, and to offspring of naturally dispersing and introduced wolves, within the designated experimental areas. Wyoming Farm Bureau Fed‘n, 987 F.Supp. at 1374-76. We believe this holding unnecessarily limits the administrative discretion and flexibility Congress intentionally incorporated into
Pursuant to
In particular, we do not read
The restrictive interpretation the Predator Project and Farm Bureaus advocate could actually undermine the Department‘s ability to address biological reality (i.e., wolves can and do roam for hundreds of miles and cannot be precluded from intermingling with the released experimental population), and thus handicap its ability to effectuate species recovery. The Endangered Species Act simply does not countenance that result. To the contrary, Congress’ overriding goal in enacting the Endangered Species Act is to promote the protection and, ultimately, the recovery of endangered and threatened species.9 While the protection of individual animals is one obvious means of achieving that goal, it is not the only means. It is not difficult to imagine that sound population management practices tailored to the biological circumstances of a particular species could facilitate a more effective and efficient species-wide recovery, even if the process renders some individual animals more vulnerable. However, neither Congress nor this court are equipped to make that type of species management decision. Recognizing that fact, Congress left such decisions to the Department. We conclude the Department reasonably exercised its management authority under
The Urbigkits claim on cross-appeal there exists a genetically distinct subspecies of wolf in Yellowstone and Wyoming, Canis lupus irremotus. They further claim the Agencies failed to adequately consider the impacts of the reintroduced “Canadian” wolves on that naturally occurring subspecies, in violation of
The Agencies decided to reintroduce gray wolves from Canada without reference to subspecific differences. They based this decision on (1) the lack of evidence any wolf population existed in the reintroduction areas at the time of reintroduction; (2) scientific evidence that most of the historically recognized subspecies of Canis lupus (including irremotus) do not warrant recognition under modern taxonomic classification methods; and (3) the
The original genetic stock cannot be restored to the area, as it no longer exists. However, if taken from southwestern Canada, reintroduced wolves will be of the same genetic stock from which natural dispersers no doubt immigrated into the original Yellowstone population, the same stock as those currently recolonizing Montana and Idaho, and the same stock that likely will get to Yellowstone through natural dispersal. . . . In other words, since we can not bring back the Northern Rocky Mountain Wolf, regardless of whether it deserved to be a separate subspecies, we can do the next best thing and assist nature in restoring the wolf to the northern Rockies.
The factual, scientific determination that the subspecies irremotus no longer exists is supported by evidence in the record comparing older taxonomic studies to more recent and sophisticated studies. The more recent studies conclude there is very little differentiation between the many subspecies of gray wolf previously recognized. This determination is further supported by a lack of physical evidence demonstrating the presence of any wolf population, let alone a genetically distinct wolf population, in either the Yellowstone or central Idaho reintroduction areas. In rebuttal, the Urbigkits proffer the statements of Dr. Nowak, who opined there is “a subspecific distinction” between the original Yellowstone wolf and the reintroduced wolves that would be worthy of protection “[i]f there were actually a surviving population of the original Yellowstone wolf.” While we appreciate the relevance of Dr. Nowak‘s opinion on the issue of genetic variation and the importance of subspecies conservation where an identifiable subspecies exists, we fail to see how it refutes the Agencies’ conclusion the subspecies irremotus does not exist. Applying the arbitrary and capricious standard of review, we cannot displace the Defendants’ choice between two fairly conflicting views, and must defer to the agencies’ view on scientific matters within their realm of expertise. Trimmer, 174 F.3d at 1102; National Cattlemen‘s Ass‘n v. EPA, 773 F.2d 268, 271 (10th Cir.1985). Because this is a scientific matter within the Agencies’ expertise, and because there is ample evidence in the administrative record to support the Defendants’ position, we uphold their subspecies conclusions.12
The Urbigkits further argue on cross-appeal the district court erred in rejecting their claim the Defendants violated the
We have long acknowledged the National Environmental Policy Act “‘prescribes the necessary process,’ but “‘does not mandate particular results.‘” Holy Cross Wilderness Fund v. Madigan, 960 F.2d 1515, 1522 (10th Cir.1992) (quoting Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350, 109 S.Ct. 1835, 104 L.Ed.2d 351 (1989)). In other words, the Act “prohibits uninformed—rather than
unwise—agency action.” Robertson, 490 U.S. at 351, 109 S.Ct. 1835. Accordingly, so long as the record demonstrates the Agencies took a “hard look” at the environmental consequences of the wolf reintroduction program, we will not second-guess the wisdom of their ultimate decision or conclusions concerning the need for additional research or the impacts of wolf reintroduction on naturally occurring populations or subspecies. See Colorado Envtl. Coalition v. Dombeck, 185 F.3d 1162, 1171-72 (10th Cir.1999).13
The administrative record establishes that the Agencies analyzed the alleged existence of naturally occurring wolves in the experimental population areas, studied the arguments pertaining to subspecies identification and recognition, and catalogued the research studies and scientific sources on which they relied. Because of the lack of evidence of wolf populations in Yellowstone or central Idaho, and the scientific evidence supporting a reduction in the number of recognized subspecies, the Agencies determined to forego additional analysis of these specific issues in the Draft Environmental Impact Statement or Final Environmental Impact Statement. The Agencies further concluded that these issues, which were identified during the public scoping process, would not be impacted significantly by any of the wolf reintroduction alternatives being con-
We appreciate that the Urbigkits patently disagree with the Agencies’ conclusions concerning (1) the existence of naturally occurring wolf populations, (2) the existence of an alleged subspecies of wolf unique to Yellowstone National Park, and (3) the significance of any impact the wolf reintroduction program would have on naturally occurring wolves. We also recognize the Urbigkits cite evidence in the administrative record they believe supports their position. However, the mere presence of contradictory evidence does not invalidate the Agencies’ actions or decisions. See Trimmer, 174 F.3d at 1102. The Urbigkits fail to show a lack of substantial evidence in the administrative record to support the Agencies’ conclusions, or that the Final Environmental Impact Statement was otherwise inadequate to foster informed public participation or informed decision-making. Consequently, we hold the Agencies did not violate the National Environmental Policy Act.
III. Conclusion
After setting aside the final wolf reintroduction rules as unlawful, the district court ordered Agencies to remove all Canadian wolves and their progeny from both experimental population areas. The Predator Project, Sinapu and the Gray Wolf Committee argue on appeal this remedy is inappropriate and represents an abuse of the district court‘s discretion. Because we uphold the challenged wolf reintroduction rules as lawful under the Endangered Species Act and the National Environmental Policy Act, we need not address the propriety of the district court‘s remedy. We REVERSE the order and judgment of the district court, VACATE the district court‘s stay order, and REMAND with instructions to the district court to enter an order upholding the challenged wolf reintroduction rules.