DC Circuit upholds polar bear listing under ESA

A federal appeals court ruled last week that the U.S. Fish and Wildlife Service properly listed the polar bear as a threatened species under the Endangered Species Act.

The court rejected a challenge by the state of Alaska and extractive industry interests to a 2008 decision by the George W. Bush administration.

Environmental conservation advocates welcomed the decision by the U.S. Court of Appeals for the District of Columbia Circuit.

"Climate change, habitat degradation and pollution already have polar bears on thin ice. Trophy hunting only exacerbates an already dire situation," Jeff Flocken, a spokesperson for the International Fund for Animal Welfare, said in a statement. "Today’s decision to keep the status of the polar bear as threatened is an important step in the fight to safeguard the species against trophy hunting." 

Federal administrative law gives judges little room to second-guess scientific determinations by agencies.

The scientific basis for listing the polar bear as a threatened species is that the species requires Arctic Ocean sea ice for habitat, that the quantity of that ice during the summer months is being reduced as the planet's atmosphere and oceans warm, and that the loss of seasonal sea ice could result a risk that the polar bear will go extinct.

The litigants did not argue that these scientific predicates for the listing decision are incorrect. Instead, the legal arguments essentially amounted to claims that FWS did not correctly conclude that the undisputed scientific facts should lead to a listing decision, or a listing of all polar bear populations; that FWS did not give enough weight to other programs to conserve the species; and that, in any case, the agency did not provide a sufficient explanation for its actions.

The polar bear was added to the federal list of threatened and endangered species after more than three years of evaluation prompted by a Feb. 2005 listing petition.

The District of Columbia Circuit's resolution of the legal fight over whether the polar bear was properly listed as a threatened species does not end all ESA litigation relating to the species. A federal district court recently held that FWS erred in its designation of critical habitat for the polar bear.

Alaska federal court throws out polar bear critical habitat rule

A federal judge in Alaska has rejected a regulation that designated critical habitat for the polar bear.

According to a Jan. 11 article by Associated Press reporter Becky Bohrer:

U.S. District Judge Ralph Beistline, in a written order dated Thursday, said the designation was too extensive and presented "a disconnect between the twin goals of protecting a cherished resource and allowing for growth and much needed economic development." He sent the matter back to the U.S. Fish and Wildlife Service to correct "substantive and procedural deficiencies."

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The U.S. Fish & Wildlife Service set aside critical habitat for the polar bear in December 2010. The amount of critical habitat - about 187,000 square miles - is larger than California. However, that is only a small portion of Alaska, which encompasses more than 586,000 square miles.

Critical habitat is designated pursuant to section 4 of the Endangered Species Act. It is limited to areas that are occupied by a species when it is designated as threatened or endangered and that contains "physical or biological features essential to conservation" of the species which require special protection or areas outside the area occupied by the species at the time of listing that are "essential for conservation."

A critical habitat designation has no impact on purely private economic activities. Instead, it is relevant only when an activity that might affect a listed species or its habitat occurs on federal property or involves in some way the expenditure of funds from the U.S. treasury.

Ursus maritimus was added to the list of threatened and endangered species in May 2008. Polar bears are threatened because their seasonal ice floe habitat is disappearing as Earth's climate warms.

Photo of polar bear courtesy U.S. Fish & Wildlife Service, photo by Terry Debruhn.

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High Country News article investigates Alaska's extensive predator control programs

The High Country News published in its Feb. 21 issue an insightful article exploring Alaska's ongoing and pervasive efforts to limit mammalian predator populations.

The article, by Tracy Ross, is worth a read.

Alaska to mount legal challenge to Endangered Species Act

Alaska's legislature is considering a request by the state's attorney general to appropriate $1 million for a lawyer to mount a challenge to the Endangered Species Act.

That's according to a report in the Juneau Empire today.

Alaska officials have repeatedly complained about the application of the ESA within their state, most recently in connection with the polar bear.

The state has filed a lawsuit against the U.S. Department of Interior, arguing that the listing of that species as threatened is not justified.