Center for Biological Diversity
March 2013
The appeals court ruled that the U.S. Fish and Wildlife Service’s decision to protect the bear due to the melting of the Arctic sea ice was well supported in every regard. The court also noted the listing decision was, if anything, underprotective of the polar bear, rather than overprotective as argued by Alaska.
WASHINGTON— The D.C. Circuit Court of Appeals today upheld a 2008
decision to protect polar bears throughout their range as a “threatened”
species under the U.S. Endangered Species Act. The court dismissed
challenges by the state of Alaska, polar bear trophy hunters and others
seeking to strip the polar bear of its protection.
The 2008 listing resulted from a 2005 petition and litigation by the Center
for Biological Diversity, Natural Resources Defense Council and Greenpeace.
The polar bear was the first species added to the endangered species list
due solely to the threat from global warming.
“Today’s decision is the latest legal confirmation of the indisputable
science on climate change and the very real threats that polar bears face,”
said Kassie Siegel, director of the Center for Biological Diversity’s
Climate Law Institute. “If we’re going to save polar bears, the Obama
administration needs to move swiftly to cut greenhouse pollution.”
The appeals court ruled that the U.S. Fish and Wildlife Service’s decision
to protect the bear due to the melting of the Arctic sea ice was well
supported in every regard. The court also noted the listing decision was, if
anything, underprotective of the polar bear, rather than overprotective as
argued by Alaska. The court noted that “the 2007 record sea ice declines are
an extension of an accelerating trend of minimum sea ice conditions and
further support the concern that current sea ice models may be conservative
and underestimate the rate and level of change expected in the future.”
Polar bears depend on sea ice for hunting and other essential behaviors.
Scientists warn that continuing loss of sea ice could send key bear
populations into abrupt decline. Without help, more than two-thirds of the
planet’s polar bears, including all the bears in Alaska, will likely be gone
by 2050.
The Center, Natural Resources Defense Council (NRDC), Greenpeace and
Defenders of Wildlife had intervened as defendants in the case to support
maintaining protections for the bear.
“This ruling forces Alaska to acknowledge what has been painfully clear to
everyone else: polar bears are on a collision course with climate change and
deserve protection,” said Rebecca Riley, attorney in NRDC’s land and
wildlife program. “Now, we need to get serious about tackling climate change
and other threats to the species like hunting and toxic contamination.”
“Today’s court’s decision acknowledges the devastating impact of global
warming on polar bears, and ensures that important legal protections for the
species will be continued,” said John Hocevar, Greenpeace Oceans Campaign
Director.
Today’s ruling comes as the Convention on International Trade in Endangered
Species (CITES) meeting gets underway in Bangkok this week. The United
States proposal to increase CITES protection for polar bears due to
increased hunting pressure and to ban international trade in polar bear
parts will be considered at the CITES meeting.
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