Judge orders review on polar bears

[clenz]

By MATTHEW DALY
Associated Press
WASHINGTON (AP) - A federal judge has thrown out a key section of an Interior Department rule that declared global warming is threatening the survival of the polar bear.

U.S. District Judge Emmet Sullivan ruled Monday that the Bush administration did not complete a required environmental review when it said the bear's designation as threatened in 2008 could not be used as a backdoor way to control greenhouse gases blamed for global warming.

The Obama administration agreed a year later, saying that activities outside of the bear's habitat such as emissions from a power plant could not be controlled using the Endangered Species Act.

The Center for Biological Diversity, an environmental group that filed a lawsuit over the 2008 rule, said the decision puts the fate of the polar bear back in the hands of the Obama administration and Interior Secretary Ken Salazar.

"The Obama administration has the chance to do right by the polar bear," said Kassie Siegel, an attorney for the group. "They need to decide whether the polar bear gets all the protections that other endangered species get, or whether they want to re-adopt a flawed Bush administration decision that exempts greenhouse gases" and other pollutants from the Endangered Species Act.

Sullivan's decision directs the Interior Department to respond by Nov. 17 with a timetable for when it will complete the required environmental review. Sullivan left an interim 2008 designation intact while the case continues.

In a related decision, Sullivan upheld a decision by the U.S. Fish and Wildlife Service to ban imports of sport-hunted polar bears as trophies. Safari Club International and other U.S. hunting groups had sought permission to allow bear carcasses to be imported from Canada.

The Humane Society of the United States hailed the ruling, which it said rejected "the Orwellian claim that killing polar bears is somehow good for polar bears."

Jonathan Lovvorn, the group's senior vice president and chief counsel for animal protection litigation, said that just as the United States does not allow importation of tiger skins and baby seal fur, "American conservation law prevents American hunters from bringing home the heads and hides of imperiled polar bears shot in other countries."

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[travelinman67]

Above report is APNewsbreak spin.

Center for Biological Diversity basically wrote the text.

REAL truth is that Judge Sullivan's ruling ensures the questionable Monnett and Gleason "peer reviewed" study which was the basis for the EPA action, is under attack and portions have already been found to have been falsified, but most importantly, their "modeling" was an extrapolation of a single data point...

When this finally sees the light of day...years from now...and winds up in a court, and it will...the "endangered species" finding will be removed and this whole episode will come to a close.

Bank on it.

[JohnStOnge]

I THINK I happen to agree with the effect of that decision if it holds but I think one of the fundamental weakensses of our overall system is that we have judges making policy decisions. It really shouldn't be that way. The original idea is that the Judicial Branch would have no impact on the direction of the society and somehow we got away from that. I guess letting John Marshall get away with Marbury vs. Madison was the start.

[JohnStOnge]

Oh: And the Endangered Species Act should be repealed. It'll never happen. But it should.