Leaving wildlife out of national wildlife refuges:: The irony of Wyoming v. United States

During the twentieth century, the federal government has engaged in an increasing number of conflicts with state governments over the management of wildlife. Many of these conflicts jave concerned the management of wildlife that is sometimes on federal land. This article uses Wyoming v. United States as a prism with which to analyze the application of the National Wildlife Refuge System Improvement Act (Improvement Act) and its impacts on wildlife management. The Tenth circuit's application of the Act is examined in the framework of law and science. Legally, the article considers the Tenth Circuit's application of the Improvement Act in the context of the Tenth Amendment, related sovereignty issues, case law, and the Act itself. Scientifically, the article considers the impracticalities of the court's opinion in the context of wildlife and disease management. Possible alternatives to the Tenth Circuit's interpretation and application of the Improvement Act are also presented. The ultimate conclusion is that the court's interpretations and rulings regarding the Improvement Act provide confusion and inconsistency in the interpretation and application of the Act.