Polar Bear Litigation


Case Background:

On May 14, 2008, the U.S. Fish and Wildlife Service (FWS) finally recognized that the polar bear deserves listing as a threatened species under the Endangered Species Act (ESA) due to the impacts of global warming. Defenders of Wildlife publicly welcomed that long-overdue decision. Interior Secretary Dirk Kempthorne made it clear, however, that the Bush Administration does not believe that the issue of global warming and its impact on polar bears should be addressed through the ESA.

In addition, FWS’s listing decision was accompanied by an “interim final” rule under Section 4(d) of the ESA, without notice or opportunity for public comment, declining to apply to the polar bear the normal prohibition in the FWS regulations on take of a threatened species.

The interim rule for the polar bear asserts that, with respect to activities in Alaska, the polar bear is already adequately protected under the Marine Mammal Protection Act (MMPA) and the ESA will not add to that protection. The rule also states, that the incidental take prohibitions of the ESA do not apply at all outside Alaska. Finally, FWS failed to designate and protect the polar bear’s habitat that is critical to the continued survival and recovery of the species.

Defenders’ reaction to the listing was that FWS’s action improperly deprives the polar bear of the protections of the ESA, and as a result, we immediately responded on May 16th, 2008 with a letter to the Secretary announcing our intention to go to court if necessary to challenge the Administration’s refusal to properly protect the polar bear and its habitat.

Related Documents:

Defenders' Comments to USFWS (7/14/2008)
60 Day Notice Letter (5/16/2008)
Press Release (5/20/2008)

Status:


Active

Updates:

07/14/2008
Defenders submitted comments to the U.S. Fish and Wildlife Service regarding FWS's 4(d) rule for the polar bear.