WASHINGTON — A federal judge has thrown out a key section of an Interior Department rule concerning the threat to polar bears posed by global warming.
U.S. District Judge Emmet Sullivan ruled Monday that the Bush administration did not complete a required environmental review when it said the bear’s designation as threatened in 2008 could not be used as a backdoor way to control greenhouse gases blamed for global warming.
The Obama administration agreed with the Bush administration a year later, saying that activities outside of the bear’s habitat such as emissions from a power plant could not be controlled using the Endangered Species Act.
The Center for Biological Diversity, an environmental group that filed a lawsuit over the 2008 rule, said the decision puts the fate of the polar bear back in the hands of the Obama administration and Interior Secretary Ken Salazar.
“The Obama administration has the chance to do right by the polar bear,” said Kassie Siegel, an attorney for the group. “They need to decide whether the polar bear gets all the protections that other endangered species get, or whether they want to re-adopt a flawed Bush administration decision that exempts greenhouse gases” and other pollutants from the Endangered Species Act.
Sullivan’s decision directs the Interior Department to respond by Nov. 17 with a timetable for when it will complete the required environmental review. Sullivan left an interim 2008 designation intact while the case continues.
In a related ruling Monday, Sullivan upheld a ban by the U.S. Fish and Wildlife Service to ban imports of sport-hunted polar bears as trophies. Safari Club International and other U.S. hunting groups had sought permission to allow bear carcasses to be imported from Canada.
The Humane Society of the United States hailed the ruling, which it said rejected “the Orwellian claim that killing polar bears is somehow good for polar bears.”
Jonathan Lovvorn, the group’s senior vice president and chief counsel for animal protection litigation, said that just as the United States does not allow importation of tiger skins and baby seal fur, “American conservation law prevents American hunters from bringing home the heads and hides of imperiled polar bears shot in other countries.”
The Fish and Wildlife Service said in a statement that it is reviewing the decision to determine the agency’s next steps.
In June, Sullivan upheld a 2008 decision by the Fish and Wildlife Service to place the bear on the endangered species list as threatened because of melting sea ice.
Environmental groups had sued, saying the polar bear needed more protection under the Endangered Species Act. The state of Alaska and hunting groups argued that the listing was unnecessary.
Along with the listing, then-Interior Secretary Dirk Kempthorne created a “special rule” stating that the Endangered Species Act would not be used to set climate policy or limit greenhouse gas emissions, which contribute to global warming and melting ice in the Arctic Ocean.
It was that aspect of the rule that Sullivan set aside on Monday.
The polar bear is unique among species protected under the Endangered Species Act because it is the first to be designated as threatened because of global warming.




Comments (5)
Add commentGlobal is Global
Having Obama shut down our industries will not turn things around for the polar bear. This is a global problem that needs global attention. How much of the pollution has drifted over from China,India, and other emerging nations? The Endangered Species Act is becoming like the EPA, way too much power for an agency with non elected officials.
@jimcollman: it's a global
@jimcollman: it's a global problem caused in large part by us. We're still the number one green house gas contributor. It may be China in the near future, although they are currently investing a lot of money into renewable energy sources (likely because they know the supply of oil is limited).
The sad thing is we're not likely to change our ways. As the one species gifted with the ability to plan ahead, we all too often choose not to. Within the next few decades, we're going to experience the most dramatic environmental issues we, as a species, have ever faced.
What was that Fable again?
And the characters’ are
Chicken Licken
Henny Penny
Cocky Lockey
Ducky Lucky
Goosey Loosey
Turkey Lurkey
Foxy Loxy
Milspec
Old children's stories may be intellectually on par for your worldview, but until you've actually reviewed the literature, looked at the science, and examined the implications (all of which I know you have not), your opinion is about as valid as any fairy tale.
score
Persnickety Persimmon.....1
Milspec...............................0
The right wing's infinite and unbending stance that global warming/climate change is anything other than cyclic (which goes against science) is due to Rush Limbaugh.
He started casting doubt on the science behind global warming because if the science were proven to be true, and huge polluting corporations were determined to be the cause of global warming, then this would actually hold those very corporations accountable to do something about it.
But, that would be expensive! And inconvenient.
And stockholders would cringe!
So, the obvious thing to do would be to discredit the science community. And his lemmings all followed him into the ocean of ignorance.
And these same lemmings believe that Jesus had a pet dinosaur because the world is only 5000 years old. (note picture next to my name).