Breaking: Polar Bear ‘Threatened’ By Global Warming, But Arctic Drilling Can Continue»

After years of delay, Secretary of the Interior Dirk Kempthorne made a landmark decision on whether global warming pollution is regulated by the Endangered Species Act (ESA). Kempthorne ruled that the polar bear should be classified as a “threatened species” due to the decline of polar sea ice, critical to its survival. Kempthorne stated:

They are likely to become endangered in the near future.

The Department of Interior, under Secretary Dirk Kempthorne, fought for several years in the courts since 2005 to avoid making a decision on whether the precipitous decline in Arctic sea ice due to global warming is making the polar bear an endangered species. Fish and Wildlife Service director Dale Hall testified in January that there was no significant scientific uncertainty in the endangerment posed by global warming to polar bears — the only legal justification under the Endangered Species Act for a delay.

Kempthone’s decision to follow the science is in marked contrast to Environmental Protection Agency Administrator Stephen Johnson’s action to override his staff in refusing to regulate tailpipe greenhouse gas emissions.

However, Kempthorne also argued vigorously that his decison does not compel the Bush administration to construct a plan to regulate greenhouse gas emissions, repeating President Bush’s entirely spurious claim that would be a “wholly inappropriate use” of the Endangered Species Act. The Interior news release announces, “Rule will allow continuation of vital energy production in Alaska.” In justifying his declaration that the ESA places no new restrictions on Arctic drilling, Kempthorne claimed that the Marine Mammal Protection Act (MMPA) is “more stringent” than the ESA. However, the court ruling that compelled him to issue today’s rule states that “the protections afforded under the ESA far surpass those provided by the MMPA.”

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Interior Secretary Attempts To Evade Congressional Oversight On Polar Bears»

The multi-year saga of the Bush administration’s fight to avoid recognizing global warming’s threat to the polar bear heated up last week. On Thursday, March 20, Sen. Barbara Boxer (D-CA), chair of the Senate Environment and Public Works Committee, sent a letter to Secretary of the Interior Dirk Kempthorne asking him “to appear before the Committee as soon as possible for an oversight hearing” on the “considerable delays in taking final action” over the Endangered Species Act listing of the polar bear. Boxer told him that the hearing would be planned for April 2 or 8.

The following day, Lyle Laverty, Assistant Secretary for Fish, Wildlife, and Parks, faxed back a response at 5:56 PM:

I understand Secretary Kempthorne called you on March 17, 2008, and expressed his commitment to testify before the Committee on the polar bear proposal once a decision is made on the issue. I also understand the Secretary committed to calling you on Tuesday, April 1, 2008, with an update on the progress towards a decision.

Boxer immediately responded, calling the offer of a telephone briefing and a hearing after a decision has been made “wholly inadequate,” and again requested the April 2 or 8 date for a hearing discussing “this serious breach of the Department’s duty to follow the law.”

This fight began in 2005, when the Center for Biological Diversity petitioned the Fish and Wildlife Service to declare the polar bear endangered by global warming’s assault on Arctic sea ice. Since then, the administration has violated repeated Endangered Species Act deadlines — the latest this January — when it instead announced it would speed through a multibillion dollar sale of drilling rights in the very same Arctic seas.

It has been nearly a month since Fish and Wildlife Service director Dale Hall — who is under investigation for his part in the delays — stated in a February 28 House Appropriations Committee hearing that his agency had submitted its decision on the polar bear listing to Secretary Kempthorne.