Michigan Advance: Nessel interview: GOP is in 'extreme minority' on gun laws, abortion bans

Michigan Attorney General Dana Nessel. (Photo courtesy Michigan.gov)

By Laina G. Stebbins*
Posted on Michigan Advance December 3, 2021
Republished in part here under Creative Commons**

The fate of Roe v. Wade has never hung more precariously in the balance as the 6-3 conservative-majority U.S. Supreme Court began hearing oral arguments Wednesday over a Mississippi abortion law that may spell the end of Roe v. Wade.

Just one day before, a 15-year-old at Oakland County’s Oxford High School allegedly opened fire, killing four students and injuring seven others.

The collision of the two issues in less than a week, both of which she is deeply involved in, is not lost on Attorney General Dana Nessel.

By the end of this Supreme Court term, it will likely be far easier for a teenage boy to acquire a firearm in Michigan than for an adult woman to procure an abortion.

    -- Dana Nessel (@dananessel) December 1, 2021

In a phone interview with the Democratic AG Wednesday evening, the Michigan Advance asked how preventing gun violence and protecting abortion access is possible under a GOP-controlled state Legislature and a right-wing Supreme Court.

"Anything that’s any kind of regulation on any kind of firearm is impermissible in accordance with today’s Republican Party," Nessel said.

And most Republican officials at the state and federal level are also firmly against abortion rights. 

To Nessel, both issues are prime examples of how "the Republican Party is in the extreme minority when it comes to how the public feels and how residents of the state of Michigan feel."

Sixty percent of American adults want to see Roe v. Wade upheld, according to a new Washington Post/ABC News poll, and Pew Research has found that roughly two-thirds of Americans have consistently opposed completely undoing Roe for the past 30 years.

Additionally, about 57 percent of Americans believe that firearm sale laws should be stricter.

Why can you buy a deadly weapon when you're 18 but not a Budweiser? I mean, it's outrageous. -- Attorney General Dana Nessel

Nessel says that the only real way to get an "extreme minority" from controlling public policy for everyone else is to vote them out of office. Michigan’s new redistricting panel will help, she contended -- a "once-in-a-decade redistricting" process and a "once-in-forever opportunity to have non-gerrymandered districts" -- with those new district changes possibly helping to get new lawmakers in charge that hold views more representative of most Michiganders.

On Wednesday, the Democrat re-upped her 2019 prediction that Roe will be successfully overturned. The Advance  asked Nessel about what this would mean for Michigan, what it’s like having two college-aged children for whom active shooter drills are the norm.

It is "the worst and most helpless feeling you will ever have as a parent," Nessel said, having her kids text her while sheltered in place at school without knowing whether there could be a real threat to their lives outside their door.

Prior to becoming the state’s chief law enforcement officer, Nessel was a private attorney who notably argued a Michigan marriage equality case that ultimately became part of the landmark Obergefell v. Hodges U.S. Supreme Court decision. The Advance also talked with Nessel, the state’s first out LGBTQ top official, about the future of that case.

The following are excerpts from the interview:

Michigan Advance: We can start with the Oxford School shooting Tuesday. What has been your involvement in the  investigation?

Nessel: When the shooting initially happened, we offered our assistance to the Oakland County Sheriff’s Department. But since that time, we’ve been coordinating with the Oakland County Prosecutor’s Office. I’ve talked to Prosecutor [Karen] McDonald several times. My team has been consulting with her team. We’re offering just any assistance or support that we can lend, and, I think, trying to review all the evidence together and collaborate as much as possible. I have a really close relationship with Prosecutor McDonald. This is a pretty big case for her first year in office, but I think she’s handling it very well.

Michigan Advance: The charges against the shooting suspect, particularly the terrorism charge — do you think those are fair?

Nessel: Yeah. Absolutely. I fully support Prosecutor McDonald in her charging decision.

Michigan Advance: What can be done on gun reform in Michigan since our state’s GOP-led Legislature won’t act?

Nessel: Well, how much time do you have? You use that last caveat, right -- "since they won’t act." There are so many common sense gun laws that could be put in place right now, that could’ve prevented what happened [Tuesday] altogether. Some of these are laws that they have in other states. These are not laws that infringe upon a person’s Second Amendment right to bear arms. They’re just common sense reforms that would protect our society, and many which would specifically protect our children.

But I think what we’re going to have to do at this point -- understanding, of course, that we’re going to have our once-in-a-decade redistricting and our once-in-forever opportunity to have non-gerrymandered districts -- I think that we are likely to have more moderated districts where you’ll have a competitive district that had been gerrymandered for so long, instead of it being a rush to the base and to support the concept of "anyone should have any kind of gun, any time, any place, under any circumstances," which is really what the Republican Party subscribes to now.

… Even 10 years ago, it would be hard for me to picture even Republicans supporting the ghost guns, and now you do. That is what you have at this point because anything that’s any kind of regulation on any kind of firearm is impermissible in accordance with today’s Republican Party.

I think we have to view what happened [Tuesday] as an opportunity to make progress so that the lives of these poor kids, whose lives are cut short, or those who are badly injured, or even for the kids, the survivors who were there and present and will forever be impacted by what happened that day, even if they themselves were not injured, we have to do something to advance these bills. If that means having to elect new people for the Legislature with a new mindset, who understand the great importance of reasonable gun laws, then so be it. Then that is what we have to do.

Whether it has to do with gun laws that a vast majority of Michigan residents support, or whether it has to do with the other big news of the day which is the SCOTUS arguments. The vast majority of Michiganders think that Roe ought to be upheld and believe that a woman has a right to have a medically safe abortion [and] that’s between her and her doctor. Any of these issues where the Republican Party is in the extreme minority when it comes to how the public feels and how residents of the state of Michigan feel.

But this will be, I guess, our opportunity at the polls to say, 'We want to have a legislature that is more in keeping with the way that Michigan residents think and what our values and our belief system is.' … Honestly, someone has to hold these folks that are running for my seat accountable, because no one’s asking these difficult questions. … People need to know how they feel about [them], so they can see the differences between the parties. ... CLICK HERE to read the rest of this article on Michigan Advance.

Editor's Notes:

* Laina G. Stebbins, author of this article, is a reporter for Michigan Advance. She covers the environment, Native American issues and criminal justice for the Advance. A lifelong Michigander, she is a graduate of Michigan State University’s School of Journalism. Read more about Laina here.

** Michigan Advance gives permission for republishing their articles under Creative Commons license CC BY-NC-ND 4.0.

UPDATED: Four Michigan leaders issue statements following verdict in Chauvin trial

LANSING -- Four Michigan elected leaders -- Governor Gretchen Whitmer, Lt. Governor Garlin Gilchrist, Secretary of State Jocelyn Benson, and Attorney General Dana Nessel -- issued the following statements after the guilty verdict was delivered in the trial of Derek Chauvin this afternoon, April 20, 2021. All four noted justice has been served, but more work needs to be done in the struggle against racism and inequality.

Governor Gretchen Whitmer:

 

"For George Floyd and his family, justice. For the rest of us, a reminder to continue pushing for justice in every corner of our society. My heart is with George Floyd’s family, and I want them to know that millions of Michiganders, Minnesotans, and Americans mourn with them. No verdict can bring George back, but his legacy will live on. Last year, millions of people around the world spoke with a collective voice when we said Black Lives Matter. Together, we will continue tackling the deep-rooted, structural racism and inequity present in our institutions and faced by Black Americans every day. Our work is just getting started. I think George’s daughter Gianna Floyd said it best, 'Daddy changed the world.'"

Lt. Governor Garlin Gilchrist:

"Today, justice was served for George Floyd and his family. As a Black man in America, I have felt the sting of racism and injustice personally, and too many of our brothers and sisters know the visceral pain and exhaustion that communities of color face every day. That is why we must honor George Floyd’s legacy and the legacy of countless others as we advance justice and tackle inequities through our words and deeds. We have to address the pain that so many individuals are feeling with purpose as we work towards restoring the respect that all individuals of color deserve. When we do that, we can ensure that everyone makes it home to their loved ones at the end of the day. This verdict is a good outcome, and it was made possible by the community organizers, faith leaders, and law enforcement officers -- who had to courage to make their voices heard -- but the work is not done. We must continue to press for policies that protect and expand access to justice and opportunity."

Secretary of State Jocelyn Benson:

"Justice has been served. Yet our work to dismantle systemic racism, in policing and all its forms, must continue. We must eliminate the barriers that have prevented or made it more difficult for Black Michiganders, as well as marginalized people of all races, to live, work, drive and vote in our state. I will continue to work to that end."

Attorney General Dana Nessel: 

"The death of George Floyd has rightfully been recognized as murder by the jurors in the trial of Derek Chauvin. It is now the obligation of elected officials, community leaders and the law enforcement community throughout this country to recognize the need for reforms to transition from policing by force to cooperative efforts to create safer communities.

"For too long, fear and brutality have been at the heart of how some individuals in law enforcement view their roles within our communities. The result has had devastating consequences for residents, and particularly the Black community and other communities of color.

"Last year, I announced seven proposals as part of a series of actions for police reform. The proposals seek to increase transparency surrounding law enforcement agencies and ensure accountability from and for law enforcement officers.

"It is time to acknowledge that there are problems with how and who we police. Multiple lives have been lost at the hands of law enforcement since the death of Mr. Floyd. This serves as a constant  reminder that those in communities of color continue to be wronged by a system that has repeatedly failed to protect them.  

"It is incumbent upon the leaders of our communities, our state, and our nation to effectuate change. The murder of Mr. Floyd by a man who wore the uniform of those sworn to serve and protect cannot be allowed to pass as one more unfortunate moment in our nation’s history. We cannot simply be satisfied by a guilty verdict. It must be a catalyst for change.   

"I am committed to using the authority of the Department of Attorney General to reform the system to hold bad officers accountable and ensure community policing is truly a partnership between our residents and the men and women who wear a uniform and pledge to help keep them safe." 

(Inset photos courtesy michigan.gov.)

Governor Whitmer, AG Nessel: Further action needed to ban guns in the Michigan Capitol

LANSING -- After armed protestors stormed the Michigan Capitol last April and an armed insurrection resulted in the death of a Capitol police officer at the United States Capitol last Wednesday, Governor Whitmer released the following statement after the Michigan Capitol Commission voted today to ban open carry guns in the Michigan Capitol:

"No lawmaker, reporter, staff member, or anyone who works in the Michigan Capitol should fear for their safety at work. But in the past year, we have seen a rapid rise in violent rhetoric and threats to public safety that require our immediate action. In April of 2020, armed protestors stormed the Michigan Capitol and stood in the gallery, long guns in hand, looking to intimidate legislators doing their job to serve the people of Michigan. And last week, we saw an armed insurgency occur in our nation’s Capitol. This cannot stand. We must take immediate action to protect everyone who steps foot in our state Capitol.

"The Capitol Commission’s action to ban open carry guns at the Capitol is a good start, but more action is needed. On a normal day, hundreds of people walk through the Capitol, including groups of fourth graders, teachers, and parents on school field trips to learn about state government. That’s why we must take action to ban all weapons at the Capitol to keep Michiganders safe. I am hopeful that the Capitol Commission will recognize the need for further action, and I stand ready to assist in implementing this policy to keep Michiganders safe."

Attorney General Dana Nessel released this statement on the Michigan Capitol Commission vote:

"Though I appreciate the Commission’s decision today to prohibit the open carry of firearms, it’s only a single step down the long path of reforms that are necessary to make our legislators, state employees and visitors safe in our state Capitol. Firearms -- whether explicitly visible or concealed by clothing -- possess the same capability to inflict injury and harm on others and only banning open carry does little to meaningfully improve the safety and security of our Capitol. I urge the Commission or our Legislature to take the proper action and pass the necessary reforms that truly take into account the safety of those visiting and working in our Capitol. Today’s actions are simply not enough to do that."

Judge continues restrictions for Line 5 operations, orders Enbridge to provide State with information

From Office of Michigan Attorney General Dana Nessel

Attorneys for the Michigan Attorney General and for Enbridge present arguments concerning Line 5 in the Straits of Mackinac to Judge James S. Jamo (top right photo) during a  virtual hearing on June 30 in Ingham County Circuit Court. (Photo courtesy Oil and Water Don't Mix)

LANSING – After a lengthy hearing on Tuesday, June 30, on Attorney General Dana Nessel’s motion for a preliminary injunction related to the recently discovered damage to Line 5 at the Straits of Mackinac, Ingham County Circuit Court ordered continued restrictions on the operation of Line 5 and required Enbridge Energy to promptly and fully disclose all relevant information and data to the State.

"Today’s Court decision allows the State to receive the vital information surrounding this incident that we need to complete an informed analysis of the damage and evaluate the threat this pipeline poses to our environment if left to operate in its current state," Nessel said on July 1. "A breach of the Line 5 pipeline or a similar incident would result in devastating consequences for a wide range of industries and countless Michiganders. The long-term risk this pipeline poses to not only Michigan, but the Great Lakes region, cannot be taken lightly."

Judge James S. Jamo’s July 1 order amends the temporary restraining order (TRO) sought by the Attorney General’s office and issued by the Court on June 25. The new TRO temporarily prohibits Enbridge from operating the east leg of twin pipelines that comprise Line 5 until the federal Pipeline and Hazardous Materials and Safety Administration (PHMSA) completes its investigation of the matter, and until Enbridge provides the state and PHMSA necessary information, completes any needed repairs and until further order by the court.

Damage to the east leg of Line 5 was reported to State officials June 18, which caused Enbridge to shut down both lines, but it then unilaterally reactivated the west leg on June 20 without alerting the State.

This is one of the photos of damage to an anchor support on the east leg of the Line 5 pipelines, sent by Enbridge to EGLE and DNR. (Photo courtesy Enbridge Energy)

The July 1 court order also allows Enbridge to restart the west leg for the purpose of conducting an In Line Inspection (ILI) of that pipeline, and requires Enbridge to provide the results on the area of interest to the State and the Court within seven days of restarting operations of that line. The order also requires Enbridge to provide all other information requested by the State.

The order sets a deadline for receipt of documents, stating, "Parties must prepare a stipulated list of documents and other materials to be produced, with expected timeframes for production, and a list of documents or other materials requested by the State of Michigan but production of which is objected to by Defendants and the basis for objection, and file it with the Court on or before July 7, 2020, at 1:00 p.m."*

The Court based its decision on the grounds argued by the Attorney General -- the requirements of the 1953 easement mandating that Enbridge at all times exercise the "due care" of a reasonably prudent person for the safety and welfare of all persons and of all public and private property. 

The Court stated that this order would remain in effect until it issues a full opinion and order on the Attorney General’s motion for preliminary injunction, which seeks continued suspension of the pipeline operations until certain conditions are met.

* Click here to view a copy of the Court’s order.

AG Nessel celebrates Supreme Court decision to protect "Dreamers" program (DACA)

Michigan Attorney General Dana Nessel. (Photo courtesy michigan.gov)

LANSING -- Attorney General Dana Nessel issued a statement on Thursday, June 18, following the U.S. Supreme Court’s decision to block the Trump administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program. Without this ruling, the federal government would have put 669,000 undocumented young people who came to the U.S. as children at risk for deportation. 

"I am delighted by the Supreme Court’s decision to block the Trump administration from ending DACA. The effort to end these protections is unconscionable and cruel," Nessel said. "This is an important victory for the thousands of Dreamers who call Michigan home. For now, they can breathe a little easier without the threat of deportation from the only life they know, which is a life in America. I encourage Congress, however, to take on this fight and ensure that Dreamers across this nation ultimately have a clear path to citizenship."

The DACA program allows recipients -- better known as Dreamers -- to go to work or school and live without fear of deportation while pursuing their dreams. Dreamers are often students and teachers, military service members, law enforcement officers, firefighters, health care workers, and child and elder care workers contributing to the economy and communities across the nation.

Michigan is home to approximately 13,000 residents eligible for deferred action under the DACA program and these state residents paid more than $23 million in state and local taxes, according to a September 2019 report from the Center for American Progress. In an effort to protect them, Nessel joined several states in filing a brief in the lawsuit against the federal government’s unlawful rescission of DACA in October.

Click here for a copy of the June 18, 2020, decision.

Governor Whitmer reopens retail, restaurants, offices in Upper Peninsula, Traverse City regions with workplace safety measures

LANSING -- Today, May 18, Governor Gretchen Whitmer signed Executive Order 2020-92, allowing for the reopening of retail businesses, office work that cannot be done remotely, and restaurants and bars with limited seating in the Upper Peninsula and Traverse City regions.

The partial reopening will take effect on Friday, May 22. Cities, villages, and townships may choose to take a more cautious course if they wish: the order does not abridge their authority to restrict the operations of restaurants or bars, including limiting such establishments to outdoor seating.

"This is a big step, but we must all remember to continue doing our part to protect ourselves and our families from the spread of COVID-19," said Governor Whitmer. "It’s crucial that all businesses do everything in their power to protect their workers, customers, and their families. And as we approach Memorial Day weekend, I encourage everyone to be smart and be safe. My team and I will continue to work around the clock to protect the people of Michigan."

Michigan Dept. of Health and Human Services (MDHHS) Chief Deputy for Health and Chief Medical Executive Dr. Joneigh Khaldun said data shows encouraging trends for COVID-19 in these two regions -- named region 6 (Traverse City area) and region 8 (Upper Peninsula).

"It’s important to note that these businesses must take special precautions to protect Michiganders," Dr. Khaldun said. "I also encourage everyone to continue to wear a mask in public, maintain a 6-foot distance from others, and to remain vigilant in washing their hands often. This will help prevent a second surge in cases in our state."*

All businesses that will reopen in regions 6 and 8 must adopt the safety measures outlined in Executive Order 2020-91, "Safeguards to protect Michigan’s workers from COVID-19," also issued on May 18. That means they must, among other things, provide COVID-19 training to workers that covers, at a minimum, workplace infection-control practices, the proper use of PPE, steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions. Restaurants and bars will also have to limit capacity to 50 percent of their normal seating, to keep groups at least six feet from one another, to require their servers to wear face coverings, and to follow rigorous disinfection protocols.**

Michigan Attorney General Dana Nessel commented on Executive Order 2020-91, which creates an enforceable set of workplace standards that apply to all businesses across the state.

"I know many businesses and workers are eager to get back to work. This executive order provides a roadmap of how to do that in a way that prioritizes the health and safety of Michiganders first," Attorney General Nessel said. "COVID-19 has changed how we must think about workplace safety. Because every worker in every industry across this state is impacted by the threat of this virus, we must work with our businesses to educate them on their responsibilities and then we must be diligent in ensuring that they abide by them.

"No one should feel unsafe at work. The Department of Attorney General takes its role in helping to protect worker safety very seriously."

Justin Winslow, president and CEO of the Michigan Restaurant and Lodging Association expressed gratitude for the reopening order.  
 
"We are thankful to Governor Whitmer as today marks an important first step of reintegrating restaurants into the fabric of our daily lives," Winslow said. "Restaurants in the U.P. and northern Michigan understand that with their opportunity comes an extraordinary responsibility to operate in a manner that ensures the safety of their guests and their employees. I believe they are up to the challenge."

Traverse City Mayor Jim Carruthers noted, "All regions of Michigan have been affected by COVID-19, and Up North, we want to support the Governor by cautiously opening up some of our economy resources. However, in doing so, we must be mindful that wearing masks and continuing to practice social distancing is a must to make this work. Stopping the spread of this virus is still key and if we can’t, then we will have to close it down again."

Marquette Mayor Jenna Smith expressed support for making decisions on a regional level.

"As restrictions are slowly eased, it will be important for us to remain vigilant to stop the spread of the virus," Smith said.

Region 6 in the governor’s MI Safe Start Plan to re-engage Michigan’s economy includes the following northern Michigan counties: Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska, Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan, Presque Isle, and Emmet.

Region 8 in the governor’s MI Safe Start Plan includes the following Upper Peninsula counties: Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac, and Chippewa.

Western UP Health Department announces new positive case related to travel

The Western Upper Peninsula Health Department (WUPHD) continues to investigate the recent COVID-19 case in a Gogebic County resident announced over the weekend. The elderly person has a recent travel history to an urban area in another state. WUPHD is currently interviewing the person and informing any close contacts about exposure risk.

"To date, all but one of our COVID-19 positive cases have been associated with interstate or international travel," said Kate Beer, Health Officer at WUPHD. "I urge people to continue limiting travel, quarantine for 14 days if you do travel, and practice good hygiene by washing your hands, staying home if you are ill, and thoroughly cleaning commonly touched surfaces."

WUPHD worked with the State Emergency Operations Center and Michigan National Guard last week to test residents and staff at several area long-term care facilities and County jails. The effort produced 598 tests with no positive cases found. The agency does not include these results in its routine test reporting.

WUPHD is working through the new executive orders announced today that will allow a partial reopening of the region, and the health department will share additional guidance as it becomes available.***

(Inset photos of Gov. Gretchen Whitmer and Attorney General Dana Nessel courtesy michigan.gov.)

Notes:

* Click here to read Executive Order 2020-92.

** Click here to read Executive Order 2020-91. 

*** Visit Copper Country Strong, May 18 Daily Briefing, for an update on testing numbers in the WUPHD 5-county area: Baraga, Gogebic, Houghton, Keweenaw and Ontonagon counties.

Attorney General Nessel files response in her Line 5 lawsuit; three states file amicus brief supporting her argument

Michigan Attorney General Dana Nessel. (Photo courtesy michigan.gov)

LANSING -- In conjunction with Michigan Attorney General Dana Nessel filing a response in her lawsuit against Enbridge, the Attorneys General of Minnesota, Wisconsin and California filed an amicus brief supporting her argument that the state has the obligation and authority to protect the public’s rights in public trust waters.

"It is rare to have the amicus support of other state attorneys general in a state case but the attorneys general for two of our fellow Great Lakes states and the state with one of the longest coastlines in the country clearly recognize the severity and the magnitude of this issue and the important role states play in protecting the public trust," said Nessel. "We are grateful that the Minnesota, Wisconsin, and California Attorneys General have joined forces with us to put the protection of our freshwater lakes over corporate profit."

Attorney General Nessel filed her response to Enbridge’s motion for summary disposition in the case she filed against Enbridge in Ingham County Circuit Court. In that case, Nessel seeks an order decommissioning Line 5, arguing that the continued operation of Line 5 in the Straits of Mackinac, under the 1953 easement, violates the public trust doctrine, is a common law public nuisance, and violates the Michigan Environmental Protection Act because it is likely to cause pollution impairment and destruction of water and other natural resources.

The Enbridge Line 5 Pipeline under the Straits of Mackinac. (File photo courtesy National Wildlife Federation)

Under a schedule entered by the court, the Attorney General and Enbridge filed motions for summary disposition in late September and both parties filed their responses to those motions on Nov. 12, 2019. In her response, the Attorney General again focused on the role of the Attorney General and the courts in protecting the environment, and on the continuing vitality of the common law -- through legal principles like the public trust and public nuisance -- as tools to protect the public’s interest in navigable waters and a healthy environment.

Minnesota, Wisconsin and California helped drive home those points, highlighting the importance of the public trust doctrine from their perspective. The amicus brief focused specifically on Enbridge’s argument that federal law preempted the states’ from protecting their bottomlands and navigable waters.

Finally, the court recently ordered both parties to address the relevance of the recent Court of Claims’ decision in Enbridge’s lawsuit against the State concerning the constitutionality of 2018 PA 359. The Attorney General’s response laid out why that decision has no bearing on her lawsuit against Enbridge.*

The Attorney General and Enbridge will have opportunity to file reply briefs on Dec. 10, 2019. After those briefs are filed, Circuit Court Judge James Jamo will determine whether he hears oral argument before he issues a decision.

*Editor's Note: See this Oct. 31, 2019, post from Oil and Water Don't Mix on Public Act 359 of 2018 establishing a tunnel authority: "Court Ruling On Enbridge Line 5 Leaves Great Lakes At Risk."

Federal proposal to de-list gray wolves from Endangered Species List opposed by Attorneys for Animals, Michigan wolf experts, many scientists, Michigan AG Dana Nessel

By Michele Bourdieu

Photo courtesy National Wolfwatcher Coalition.

CANTON, Mich. -- Attorneys for Animals (AFA), a Michigan non-profit, has submitted a response to the United States Fish and Wildlife Service (USFWS) proposal to de-list gray wolves from the Endangered Species List in all the lower 48 states. 

It was December 2014, when a U. S. District Court ruled to overturn an earlier USFWS decision to strip federal protection for Great Lakes wolves. In 2011 wolves had been left unprotected after being removed from the federal Endangered Species Act. Once again, wolves are in danger.

Strongly opposed to the removal of federal protection for the majestic species, Attorneys for Animals cites the considered opinion that Michigan, one of a handful of states most impacted by the proposed legislation will ignore input from the scientific, natural resource, conservation and animal welfare communities, and disrespect the deafening public outcry from citizens to protect the wolves within its boundaries.

"Of the estimated 1.8 million comments submitted in response to the USFWS proposal, we believe that AFA has an important perspective to offer in opposition to the plan to de-list gray wolves," said Kate Brindle, JD, and board secretary of AFA, who researched and assisted in drafting the AFA response.*

"As a Michigan non-profit of legal professionals and animal advocates, AFA has actively followed legislation for many years," Brindle said. "We have carefully observed the divisive issue of wolf de-listing in Michigan and have taken positions in support of continued federal protection. We therefore are in a unique position to provide a critical assessment of how the de-listing of wolves, followed by a likely opening of this species to a hunt, would affect both Michigan and its gray wolves," Brindle said.

John Vucetich, distinguished professor from Michigan Technological University's School of Forest Resources and Environmental Science, expressed agreement with the AFA response.

"In alignment with Attorneys for Animals, I believe that wolves have not met the legal requirements to be delisted," Vucetich said.

Earlier this year, Vucetich led the development of a letter that came to that conclusion. The letter was signed by more than 100 scientists and submitted to the Fish and Wildlife Service.**

Nancy Warren, National Wolfwatcher Coalition director, noted that the wolf is subject to over-utilization for commercial and/or recreational purposes and states lack initiatives that would protect wolves. Wolfwatcher also opposes delisting and has submitted comments to USFWS.

"The threats to wolves have not been sufficiently reduced to allow delisting," Warren told Keweenaw Now. "Delisting will expose wolves to inconsistent and unwieldy state management. State programs seek to reduce wolf populations to levels just above the numerical quota to prevent federal relisting. Research shows these low population levels are not sustainable and will not provide the ecological benefits of a thriving population. Policies governing wolf management in states where delisting has occurred are based on misinformation, fear and hatred -- not peer reviewed scientific data."***

Michigan Attorney General Dana Nessel recently submitted a comment letter to the U.S. Fish and Wildlife Service urging it to abandon its flawed proposal to remove the gray wolf from the endangered and threatened wildlife list, saying, "The Service’s strategy to delist the gray wolf seems to be 'if at first you don’t succeed, try, try again.'"

This is the 10th attempt to remove the gray wolf from the endangered list by the Service in less than 20 years. The gray wolf species has a population of less than 16,000 nationwide, 11,000 of which are in Alaska.

In its proposal, the U.S. Fish and Wildlife Service fails to analyze whether the gray wolves living in 13 other states -- Washington, Oregon, California, North Dakota, Utah, Colorado, Nevada, Missouri, Indiana, Illinois, Nebraska, and Kansas -- are in danger of extinction. Instead, the Service only asks whether the gray wolves in Michigan, Minnesota and Wisconsin can survive if all the other gray wolves die off.

"That is neither responsible, nor lawful," Nessel said.

The Service’s proposal uses the same flawed methodology the D.C. Circuit Court ruled it could not use to justify delisting the species.

"Simply put, the U.S. Fish and Wildlife Service has not adequately accounted for why this species should be removed from the endangered list," Nessel added. "This flawed proposal is the first step toward allowing gray wolves to be hunted to near extinction once again."****

In support of its position, AFA also submitted a Timeline of Efforts to Protect Wolves in Michigan, from late 2011 through late 2016. A summary of the Timeline indicates the following:
• The Michigan legislature passed four different bills, all with the purpose of authorizing a wolf hunt. Of the four,
two were overturned by a clear majority of Michigan voters in November 2014 after successful referendum campaigns against the wolf hunt. One was held unconstitutional by Michigan courts in 2016. One, still on the books awaiting de-listing decision, was made referendum-proof by adding appropriation language.
• A wolf hunt was held in 2013, killing 22 wolves; further hunts have been halted by the 2014 federal court decision overturning the 2011 agency action to de-list the wolves.
• Investigative reports expose deceptive methods used to promote and justify a wolf hunt in Michigan, including
false, exaggerated "scare stories" about wolves; irresponsible, criminally negligent ranching methods behind a claim that wolves were destroying livestock; and destruction of public comments by government officials.

Notes:

* AFA’s comment is available on the federal regulations.gov website here.
 
** Click here for details on the scientists' letter to the US Fish and Wildlife Service. See also our July 29, 2017, Keweenaw Now article, "Michigan Tech Professor John Vucetich testifies before Senate Committee: S. 1514 would weaken Endangered Species Act, strip wolves of protection."

*** See comments from Wolfwatcher here. See also our 2013 article on Nancy Warren's presentation "Co-existing with Wolves": "Video report: Presentation on wolves offers facts, petition signing opportunity."

**** A copy of Attorney General Nessel's comment letter can be read here.