Alaska Balks at Recent Polar Bar Listing Under the Endangered Species Act
The recent listing of polar bears as a threatened species under the Endangered Species Act (ESA) has sparked controversy about whether or not greenhouse gas emissions can be regulated under the ESA.
The Bush administration is adamant that they cannot. Alaskan Governor Sarah Palin, whose state produces 15% of the nation's oil, couldn't agree more. On May 21, Governor Palin announced that the state of Alaska intends to sue to challenge the polar bears' listing. The Governor's overriding concern is not for the bears, she thinks they're doing just fine, but is for the oil and gas industry whose operations take place in prime polar bear habitat.
Specifically, the state intends to sue under the Administrative Procedure Act and the ESA based on the argument that the models that predict continued loss of sea ice, the main habitat of polar bears, are wrong. Considering that Alaska touts itself as "the premier destination for adventure and ecotourists seeking a personal connection with nature, wilderness and the local people," the Governor's position seems to be selling the state of Alaska short.
(To see satellite images of the decline in sea ice since 1979, click here).
Posted by Jeanette C. Schuster, attorney practicing in the Real Estate and Land Use Group.
