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Is Polar Bear's New Endangered Status Too Late to Save It?
      by Emily Gertz Submit a Blog Blog Archives


One petition by environmentalists, two lawsuits, and three years later, the Bush administration finally announced last week that it would list the polar bear under the federal Endangered Species Act. Eco-advocates were understandably joyful at this watershed decision, which Interior Secretary Dirk Kempthorne based on findings by government scientists, the most alarming of which is that Arctic summer sea ice has declined by close to 40 percent since 1979. The future of this crucial polar bear habitat is not any icier; computer models predict similar sharp declines over the next 45 years.

But even as Mr. Kempthorne acknowledged that the Arctic predator is soon to be in danger of extinction in the wild, he threw a curve ball.  The Secretary issued a special ruling -- called a "guidance" -- stating that polar bear's new status would not lead to controls and reductions of greenhouse-gas emissions, the leading cause of the climactic changes that are melting the Arctic's summer ice cap.

"The most significant part of today's decision is what President Bush observed about climate change policy last month," said Mr. Kempthorne at last week's press conference. "President Bush noted that 'The Clean Air Act, the Endangered Species Act and the National Environmental Policy Act were never meant to regulate global climate change.'"

Much as it did with the Clean Air Act and greenhouse gas emissions, the Bush administration is attempting to apply a narrow view of what is legally required under federal law regarding action on global warming. "Listing the polar bear as threatened ... should not open the door to use the E.S.A. to regulate greenhouse gas emissions from automobiles, power plants and other sources," said Mr. Kempthorne. "That would be a wholly inappropriate use of the Endangered Species Act. E.S.A. is not the right tool to set U.S. climate policy."

Further, despite the polar bear's new "threatened" status, gas and oil drilling operations near bear territory will not be restricted, said the secretary -- not only are they not the source of threats to the bear, he stated, but their potential impact on them is already regulated under the provisions of the Marine Mammal Protection Act. 

Andrew Wetzler, director of the Endangered Species Project at the Natural Resources Defense Council, terms Mr. Kempthorne's interpretation of the law "disingenous." "The E.S.A, like every other environmental statute in the United States, was not written with particular pollutants in mind." Federal environmental statutes "are designed to be generic regulatory structures that are flexible enough to address different problems," he says, "and the Endangered Species Act is no different."

Wexler says his group -- one of three that filed the original petition three years ago to protect the polar bear -- will probably be taking legal action. "We're going to have to challenge the attempt to essentially to refuse to deal with global warming solutions through the Endangered Species Act."



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