The U.S. Fish and Wildlife Service (FWS) released a draft recovery plan for endangered Mexican gray wolves on Thursday. An Arizona district court ordered the FWS to complete the plan by the end of November.

The last time the FWS revised the recovery plan for the Mexican wolves was 1982. The new recovery plan focuses on increasing wolf populations in Arizona, New Mexico, and Mexico.

“At the time of recovery, the Service expects Mexican wolf populations to be stable or increasing in abundance, well-distributed geographically within their historical range, and genetically diverse,” a FWS statement said.

The recovery plan provides for the establishment and maintenance of “a minimum of two resilient, genetically diverse Mexican wolf populations.” According to the plan, the Mexican gray wolf will be considered for downlisting from endangered to threatened status when there are at least 320 wolves in the U.S. and 170 wolves in Mexico.

Michael Robinson, a conservation advocate at the Center for Biological Diversity, said that threshold is “far fewer wolves than the number scientists have said is necessary for a viable population.” Robinson also criticized the plan for not including regions that scientists have said would be “essential to their long-term survival,” including the Grand Canyon.

Before becoming endangered, the Mexican gray wolf, or “el lobo,” roamed northern Mexico and throughout Arizona, New Mexico, and Texas. The Mexican gray wolf was listed as an endangered subspecies under the Endangered Species Act in 1976, and was absorbed into the endangered species listing of the gray wolf in 1978. Efforts to reintroduce wolves to the wild began in the late 1990s.

According to the Mexican Wolf Interagency Field, there are currently only about 100 Mexican gray wolves in New Mexico and Arizona. Environmentalists and wildlife advocates have supported efforts to release more captive wolves into the wild. However, they met opposition with ranchers and rural leaders who worried that the wolves would attack livestock and wild game.

In June 2016, the New Mexico Department of Game and Fish brought a case against the U.S. Department of the Interior, the FWS, and certain government officials for releasing two Mexican gray wolf pups in New Mexico without a state permit. New Mexico, along with 18 other states, argued that the Endangered Species Act required the federal government to work with them to determine how species would be reintroduced inside of their borders. The district court enjoined the defendants from releasing any Mexican gray wolves into New Mexico without a state permit.

In April 2017, the 10th Circuit U.S. Court of Appeals ruled that the New Mexico Department of Game and Fish had failed to present sufficient evidence that they would suffer irreparable harm due to the release of the wolves. The appellate court reversed and vacated the district court’s injunction and remanded the case to the district court.

Following the FWS’s release of the recovery plan draft this week, Bryan Bird, Southwest program director for Defenders of Wildlife, called the plan a “backroom deal” that restricts the wolves from moving in suitable habitats. He also noted that President Donald Trump’s planned border wall will cut off access for wolves trying to pass between the U.S. and Mexico and make the wolves “incapable of beating the clock of extinction.”

“Future generations should have the chance to hear wolves howl on the landscape,” Bird said. “Scientists–not politicians who had undue influence on the recovery plan for Mexican gray wolves–should be making decisions about how best to protect endangered species and their habitat.”

The FWS will hold information meetings in July where members of the public will be able to submit comments on the draft recovery plan in Flagstaff, Arizona; Pinetop, Arizona; Truth or Consequences, New Mexico; and Albuquerque, New Mexico. People can also submit comments on the document online.

Marcus Dieterle

Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Senate Health Care Bill Sparks Protests

After the new Senate health care bill was revealed yesterday, a lot of people took to the streets to protest. Some parked themselves outside of Mitch McConnell’s office and were physically removed–including disabled people in wheelchairs or with respirators. And a lot of people showed up at DCA–one of Washington D.C.’s major airports–to make sure lawmakers saw their signs before leaving town.

Don’t fly away, save the ACA! pic.twitter.com/PsaSqjpVEw

— Generation Progress (@genprogress) June 22, 2017

The new bill will, if it passes, trigger big tax cuts for the wealthiest Americans and slash spending on Medicaid. The bill even drew remarks from President Barack Obama, who has largely remained silent in political debates since leaving office. “The Senate bill, unveiled today, is not a health care bill. It’s a massive transfer of wealth from middle-class and poor families to the richest people in America,” he wrote in a Facebook post. He also said the bill has a “fundamental meanness” and that it will harm anyone who might one day get sick, get old, or start a family.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: June 23, 2017 appeared first on Law Street.

Happy Presidents Day! For those of you lucky enough to have the day off from school or work, grab a coffee, put your feet up, and catch up on Law Street’s best of the week below.

Jeff Sessions Signals Marijuana Enforcement Will Remain the Same

Marijuana advocates have been worried for months about the recently confirmed Attorney General Jeff Sessions. He once said “good people don’t smoke marijuana,” and he has joked that he thought the Ku Klux Klan “were OK until I found out they smoked pot.” But last week, Sessions spoke with Sacramento County Sheriff Scott Jones, and may have finally hinted at how he might enforce the federal marijuana ban as attorney general.

Oroville Dam Overflow: The Environment and Failing Infrastructure

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

A new law passed by the New Mexico Senate Monday is seeking to expand the state’s existing medical marijuana program to include more qualifying conditions following rising demand.

New Mexico’s medical cannabis program was established in 2007. As the law stands, patients with qualifying conditions–such as HIV/AIDS, Crohn’s disease, Lou Gehrig’s disease, PTSD, arthritis, and more–can obtain a medical marijuana permit from their doctors. If the recently introduced law passes a vote by the House of Representatives, 14 more qualifying conditions would be added to the existing list. This would include patients who suffer from substance abuse disorders.

The bill, which is sponsored by Sen. Cisco McSorley (D-Albuquerque), would also expand the number of marijuana plants that growers are allowed to cultivate once the number of registered patients state-wide reaches 35,000. There are currently roughly 32,000 patients registered with New Mexico’s medical marijuana program; growers are only permitted to grow 450 plants each.

Visitors who are enrolled in other state medical marijuana programs would be able to purchase cannabis in New Mexico as well under the new provisions.

Following last November’s election, 28 states have legalized marijuana in some form. As Law Street previously reported, New Mexico is also in the running to become the next state to legalize recreational marijuana. A few weeks ago, lawmakers in New Mexico’s House and Senate introduced bills to regulate and tax recreational marijuana.

In 2016, three separate pieces of legislation involving recreational marijuana were introduced to the state’s legislature. One was passed by two Senate committees before being narrowly defeated on the Senate floor. But if public opinion is any indication of where a state stands on a certain issue, then recent polls in New Mexico seem to point to a sunny future for marijuana supporters in the state. According to one recent poll, 61 percent of people in New Mexico said they supported full legalization.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post New Mexico Senate Votes to Expand Medical Marijuana Program appeared first on Law Street.

After several failed attempts, experts point to New Mexico as the next possible state to legalize recreational marijuana. Lawmakers are expected to introduce a new bill that would help rebound the state’s lackluster economy with the help of marijuana tax revenue.

On Wednesday sponsors in both the house and senate announced their proposals for parallel marijuana bills that would include a 15 percent tax on sales.

According to the Albuquerque Journal, local governments would choose whether to allow marijuana sales within their jurisdictions and could collect an additional 5 percent tax, while cultivation would be allowed statewide under a proposal modeled after marijuana laws in Colorado.

Governor and former district attorney Susana Martinez, a Republican, has consistently opposed legalizing marijuana or industrial hemp production; however, supporters plan to also advance a constitutional amendment that would call for a statewide vote in 2018, sans the governor’s approval.

“We create jobs, we create economic activity, and we create revenues for the state,” Democratic Sen. Gerald Ortiz y Pino of Albuquerque told the Albuquerque Journal. “It is one way this state has, and I think one of the most promising ways, to get back on track economically.”

He plans to introduce the senate version of the bill later this week. Representatives Bill McCamley (D-Las Cruces) and Javier Martinez (D-Albuquerque) are sponsoring the house version of the legalization bill.

“If it were to be passed by the Legislature, signed by the governor, it could be operational in New Mexico in July,” Ortiz y Pino said.

In 2016, three marijuana initiatives were introduced in New Mexico that would have legalized and taxed marijuana for adult recreational use in the state. In particular, the New Mexico Use of Marijuana Revenues Amendment, also known as Senate Joint Resolution 5, would have created a constitutional amendment to allow possession and personal use. It was approved by the Senate Rules Committee and the Senate Judiciary Committee before being defeated on the senate floor, with a vote of 17-24.

According to the Albuquerque Journal, 61 percent of likely voters said they would support full legalization. With increased favorability and joint initiatives in both houses, marijuana advocates could finally see a win in the Land of Enchantment.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Will New Mexico Legalize Recreational Marijuana Next? appeared first on Law Street.

It’s getting closer and closer to Halloween, and for many that means costumes, candy comas, and scary movies. However this year there are some that clearly can’t handle the latter. Case in point, last week a New Mexico man who had been drunkenly binge-watching “The Walking Dead” on Netflix beat his friend to death with a microwave and an electric guitar after becoming convinced that he was turning into a zombie.

Man binge watching “The Walking Dead” allegedly killed friend he thought was a zombie https://t.co/Owbs8jAQKJ pic.twitter.com/qT8N6R9GOS

— BuzzFeed UK (@BuzzFeedUK) October 27, 2015

According to the Associated Press,

Grants police spokesman Moses Marquez said Sunday that 23-year-old Christopher Paquin was beaten and that 23-year-old Damon Perry is being held on a murder charge. Police say Perry beat Paquin with his hands, feet, an electric guitar and a microwave.

Really, a microwave?

Authorities were called to the apartment complex after Perry’s neighbors phoned 911 to report that a man was running around the complex threatening people with a knife. When they arrived, they found two maintenance workers had pinned Perry to the ground and discovered Paquin’s body inside an apartment with signs of trauma. He was pronounced dead at the scene by paramedics.

Grants, New Mexico police department spokesman Moses Marquez told the Daily Beast, “It was one of the absolute worst [crime scenes] I’ve ever seen, and I’ve been with the department for 15 years.”

According to police reports, Perry told officers that he had been drinking multiple 40-ounce bottles of malt liquor when Paquin began “to change into a zombie” and tried to bite him. That’s when he began to beat him to death with random household items. Currently Perry is being held in police custody, but his lawyer has yet to comment publicly on the charges.

I’ll just go ahead and say it: this is absolutely crazy. Who kills their “friend” because they watched too much TV and believed they were morphing into a fictional creature? There’s a reason it’s called Netflix and chill, and not Netflix and kill. The entire thing is an incredibly weird and tragic story–it’s hopeful that Perry gets the help he needs.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Binge-Watching Netflix Led Man to Murder his “Zombie” Friend appeared first on Law Street.

Texas. Home to the Bush family, the South by Southwest music festival, big trucks, Tex Mex, and some of the dumbest laws in the South. Knowing the conservative tendencies typical of the large southern state, it should hardly be surprising that homosexual behavior there was once a misdemeanor offense. The Supreme Court overturned this law in 2003, however.

Also reflecting the state’s conservative nature is the law banning the promotion of dildos or owning more than six of them. Technically, the law bans obscene devices, which it defined as “a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.”

Reflecting a previous post on dumb laws in Nevada, urinating on the streets is illegal in El Paso. Really gotta pee there? Best to sneak into McDonald’s and pretend to be a paying customer.

Not in the El Paso streets, Tom Hanks!

It is also prohibited to appear in public places wearing lewd dress. Specifically, the “lewd dress law” states that, among other things, “no person shall exhibit or expose himself naked, or disguised, or in any indecent or offensive manner to any person.”

Looking to sell your eye or other organs in Texas? Sorry, you’ll have to take your body-part sales aspirations elsewhere, as doing so is illegal there.

Agnostics or Atheists looking to hold public office in Texas may have trouble since you are legally required to acknowledge the existence of a higher being before taking office. Though, I guess they could lie and say they believe in a higher power.

In Austin, wire cutters cannot be carried in one’s pockets. This law seems perfectly reasonable to me, however; imagine how many accidents have been and will be prevented by such a measure, especially for men.

Speaking of conservative laws, New Mexico has many of them on the books, especially concerning nudity. There, nudity is legal under two conditions: first, male genitals must be covered, and second, women must have their nipples covered.

I’m not sure exactly the criteria used to determine whether or not one is an idiot, but in New Mexico, they are prevented from voting. Perhaps it is some sort of I.Q. test. Maybe they should just take it one step further and say that only geniuses may vote. In fact, not only idiots but also “insane persons and persons convicted of a felonious or infamous crime unless restored to political rights” are prevented from voting.

Deming, New Mexico must have had some strange issues in the past because it saw the need to specifically ban spitting on the steps of an opera house. Or, the community just really, truly values the operatic arts and doesn’t want a building relating to them defiled by nasty saliva. In the same city, they made a law prohibiting hunting in Mountain View Cemetery. I don’t even WANT to know what happened to provoke that one.

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

The post The Dumbest Laws in the United States: Texas and New Mexico appeared first on Law Street.

Congratulations on surviving another Halloween, everyone! While recovering from your big night, you might as drag out the holiday a bit more and freak yourself out a little with all the weird things that people have gotten themselves arrested for this week. Check out the top five weird arrests from this week.

[SlideDeck2 id=27715 ress=1]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Top 5 Weird Arrests of the Week appeared first on Law Street.

Hold the pickle, hold the lettuce

Special orders don’t upset us.

All we ask is that you let you let us

Serve it your way.*

Courtesy of memecenter.

(*Unless your way involves hot onion rings. In which case, all bets are off.)

I hate when I order food and don’t get exactly what I want. When my order gets messed up, though, I will complain about it relentlessly to everyone I am with and possibly later that night to people I call for the sole purpose of complaining, but I rarely actually go back and say something to the waitress or server. People get onto me for this, and tell me to ‘just say something; you’re paying to get what you want, not what they serve you; it’s not a big deal to let them know; they don’t care; it won’t upset them, etc.’ Previously, I had no excuses for my cowardly behavior, but previously, I had not heard the story of the cold onion rings. And that story justifies every time I’ve ever not complained about my order. Which makes it a pretty good story.

One day, Robert Deyapp walked into a New Mexico Burger King for what, I assume, he assumed was a normal trip to a fast food chain. He placed his order and excitedly went to eat his lunch. To his horror, he quickly discovered that his onion rings were cold. This was unacceptable! He did what anybody unhappy with their purchase would do (except, of course, for me) and went to the counter to ask for hot onion rings.

At the counter things did get heated, but unfortunately for Deyapp, none of those things were the onion rings. When he complained to manager Francisco Berrera and asked for a refund, instead of a simple “I’m sorry, sir, let us take care of that for you,” Berrera took a different approach. He lunged across the counter and attacked Deyapp with a stungun and switchblade.

As you probably know, BK’s motto used to be “Have it your way.” That has since been changed, most recently to “Be your way,” which is perhaps Berrera’s best defense: he was trying to be a solid example of the Burger King message, and since he seems to be a quick-tempered, violent man, he was “being his way” when he beat up a customer. Surely BK would have to respect that, right?

Despite his solitary pursuit to be a good BK representative, Berrera later pled no contest to aggravated assault, and Deyapp is currently suing the burger franchise. Because it is pending litigation, Burger King has not publicly responded to any questions on this matter; however, I have a couple of theories as to what happened in New Mexico that fated day that would show the burger franchise was not breaking any of its promises.

Courtesy of Giphy.

1. Going back to that same jingle at the top that BK was known for, it is pretty clear that the lyrics say “special orders don’t upset us.” Hot onion rings are a regular order. Burger King never suggests that regular orders don’t upset them. If you place a regular order, then, it is fair to say that by doing so, you are leaving yourself open to an attack.
2. Have you heard about secret menus? They are all the rage. You can order specials that aren’t on the menu by finding out about them online. At McDonalds, you could order a McGangbang: a double cheeseburger and a spicy chicken sandwich, which you would then combine with the chicken in between the two patties, a.k.a., the McGangbang. Perhaps at Burger King a secret menu item just happens to be called the “My onion rings are cold,” and is code for “please attak me with a stun gun and switchblade.” In which case, Deyapp was literally asking for it. That’s the problem with those secret menus, though, you always risk the chance that somebody might order something on accident and then you’ll get sued because they were attacked without consent. Trends today!

Whatever the reason for the attack, I am using it as proof to my loved ones that you should never complain about your food. Unless, of course, Deyapp wins a whole lot. In which case, I will complain so much at so many restaurants that people will be dying to hit me. I can take a punch for a big cash payout.

—

Ashley Shaw (@Smoldering_Ashes) is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time.

Featured image courtesy of [Phillip Wong via Flckr]

Ashley Shaw

Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

The post Spar Broiled: Cold Burger King Onion Rings Lead to Attack and Lawsuit appeared first on Law Street.

A ruling in the Second District court of New Mexico may make physician assisted suicide legal in that state. In her ruling, Judge Nan Nash stated that allowing doctors to provide fatal drugs to terminally ill patients was well within the confines of the New Mexico state Constitution. She wrote, “this court cannot envision a right more fundamental, more private or more integral to the liberty, safety and happiness of a New Mexican than the right of a competent, terminally ill patient to choose aid in dying.”

The case was filed by Aja Riggs, a cancer patient, age 50, from Santa Fe, NM. She was joined by two of her doctors as plaintiffs, Doctors Katherine Morris and Aroop Mangalik. Riggs filed the suit because she wants the option to end her own life if she becomes terminally ill. Although her cancer is currently in remission, she stated, “most Americans want to die peacefully at home, surrounded by loved ones, not die in agony in a hospital. I feel the same way. If my cancer returns and I face intolerable suffering, I want the option to cut it short, and to die peacefully at home.” Riggs and her physicians were also supported by the American Civil Liberties Union (ACLU), the New Mexico Psychological Association, and a right-to-die group called Compassion & Choices.

With this ruling, New Mexico isn’t necessarily guaranteed physician assisted suicide will become legal. This was a lawsuit in a district court, so this may only apply to that district. The state Attorney General is still deciding whether or not to appeal this case to the New Mexico Supreme Court.

If physician assisted suicide becomes legal as a result of this court ruling, it will make New Mexico the fifth state to do so. Oregon first legalized it in 1997. In recent years, Washington, Montana, and Vermont followed suit.

Such laws allow physicians to provide their terminally ill patients with fatal drugs without fear of prosecution.

When the idea of physician assisted suicide first became prevalent, critics were worried that terminal patients would be pressured to end their lives by doctors or families. But almost two decades later, Oregon has been able to avoid that problem by instituting multiple safeguards before end of life aid is even considered. A terminally ill patient must have documentation that their illness is terminal, and has to go through many psychological evaluations. In order for a patient to qualify for physician assisted suicide, they also need to have made multiple oral and written assertions. Dr. Katherine Morris, one of the plaintiffs in Riggs’s case is a New Mexico oncologist who used to practice in Oregon. She believes that patients have not been pressured stating, “we haven’t seen the slippery slope some people worried about.”

The New Mexico decision drew very different opinions. Advocates for physician assisted suicide applauded the progress. The legal director of the New Mexico ACLU branch, Laura Schauer Ives stated, “New Mexicans, both healthy and sick, now enjoy the comfort and peace of mind that come with knowing they can prevent a prolonged, agonized dying process at the end of life.” On the other hand, other organizations, particularly religious organizations, are responding with distress to the situation, pointing out that the sanctity of life needs to be respected, and that it’s not a physician’s place to make decisions regarding life.

It does seem like the concept of physician assisted suicide has become more popular in recent years, given that three of the four states who have legalized it have done so in the last 5 years. While it’s in the spotlight less than others, the argument does go hand in hand with other social issues. The sanctity of life is a popular topic, and as more states move more towards legalizing it, I bet we’ll see it take center stage in politics in coming years.

[New York Times]

—

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Nathan & Jenny via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Big Victory for Physician Assisted Suicide in New Mexico appeared first on Law Street.