Feds' Stalling Endangers Polar Bears, Groups Say
By RITA CICERO, Andrews Publications Staff Writer
Three environmental groups are suing the federal government for failing to timely issue a ruling on the polar bear's status as an endangered species. The Center for Biological Diversity, the Natural Resources Defense Council and Greenpeace say the U.S. Fish and Wildlife Service, which is part of the Department of the Interior, has not complied with the Endangered Species Act.
The suit, filed in the U.S. District Court for the Northern District of California, says the law requires the agency to add the polar bear to the federal list of threatened and endangered species by a certain date. "Compliance with the ESA's mandatory deadline is necessary to ensure the continued survival of polar bears in the wild," the groups say. Listing a species under the ESA is a two-step process. The Fish and Wildlife Service has 90 days to review a petition seeking to list a species. If the petition shows that a listing "may be warranted," the agency has one year to perform a status review and publish a proposed rule to protect the species. The agency missed both deadlines because a final listing determination was due Jan. 9, the complaint says. According to the groups, polar bears are marine animals because they depend on sea ice for survival. They need a sea ice platform to hunt seals, make seasonal migrations and mate, the suit says. Sea ice is melting rapidly because of global warming, putting the animal's survival at risk, the groups add. Meanwhile, the Fish and Wildlife Service's failure to designate a "critical habitat" for the animals has allowed 30 million acres of the habitat to be leased for oil and gas development, the suit says. Research shows that the polar bear population is declining in the southernmost regions of its habitat, according to the groups. Those regions, which include Alaska, support two-thirds of the world's polar bears. A 2007 U.S. Geological Survey report predicted that polar bears would be extinct in those areas by 2050, the complaint says. The groups are seeking a permanent injunction to force the government to make a final listing determination. To comment, ask questions or contribute articles, contact West.Andrews.Editor@Thomson.com.
They are represented by Brendan Cummings in Joshua Tree, Calif., Miyoko Sakashita in San Francisco and Andrew Wetzler in Worthington, Ohio.
Center for Biological Diversity et al. v. Kempthorne et al., No. 08-CV-1339, complaint filed (N.D. Cal. Mar. 10, 2008).
Environmental Litigation Reporter
Volume 28, Issue 19
03/28/2008
Copyright 2008
West, a Thomson business. All Rights Reserved.
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