Polar BearA federal judge in California has ordered the U.S. Department of Interior and the U.S. Fish and Wildlife Service to render its final decision on whether to list the polar bear as threatened under the Endangered Species Act. Judge Claudia Wilken of Federal District Court in Oakland, California said the USFWS has no legitimate reason to continue delaying its decision on what to due concerning the listing of the polar bear. The judge ordered the Service to make its decision by May 15, 2008.

The New York Times and Associated Press have more.

On January 9, 2008, the U.S. Department of Interior published a proposal (pdf) to list the polar bear under the Endangered Species Act. Under the process of this proposal, the Service announced that is would begin a 12-month “finding”, meaning it will take one year to receive public comment and confer with scientists and all relevant entities in an attempt to determine is the loss of sea ice (polar bear habitat) is a long term threat that in turn will threaten the survivability of the bear across its range.

At the conclusion of that 12-month period, the DOI announced it would need another 6 months to complete its investigation in order to make a determination. Environmental groups files a lawsuit in order to force the DOI to render its decision immediately. The ruling by Judge Wilken is the result of that lawsuit.

No one completely understands the entire ramifications if the DOI opts to list the polar bear as threatened. This would be the first time a decision was made based on projected climate change. If it is determined that such climate changes are a result of man, just how far ranging restrictions will go to protect sea ice is anyone’s guess.

We will now wait until May 15 and see what Sec. Kempthorne has to say.

Tom Remington

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