April 29, 2008

Judge orders Bush cronies to quit stalling on polar bears

A federal judge has ordered the Bush administration to stop stalling their listing of polar bears as threatened by climate change under the Endangered Species Act.

The Bush administration has stonewalled because a listing could restrict oil and gas exploration in the Arctic, and lead to curbs on greenhouse gas emissions.

The decision was hailed by conservation groups which have been hounding the government on the issue for years.

The federal judge rejected the Bush administration's pleas for a further delay, and ordered it to make and implement its decision by May 15.

From Reuters:

The Interior Department, which has responsibility for the decision, was supposed to issue a decision in January but postponed that for a month. Most recently, it asked for a delay until June 30 so its lawyers could finish reviewing and revising the decision.

Wilken denied this request.

"Defendants offer no specific facts that would justify the existing delay, much less further delay," she said.

"To allow defendants more time would violate the mandated listing deadlines under the ESA (Endangered Species Act) and congressional intent that time is of the essence in listing threatened species."

"Today's decision is a huge victory for the polar bear," said Kassie Siegel, climate program director with the Center for Biological Diversity, one of the conservation groups behind the legal challenge.

"By 15 May, the polar bear should receive the protections it deserves under the Endangered Species Act, which is the first step toward saving the polar bear and the entire Arctic ecosystem from global warming."

At the court, Judge Claudia Wilken ruled that the slow progress put the government in breach of its obligations.

"Defendants have been in violation of the law requiring them to publish the listing determination for nearly 120 days," she concluded.

Judge Wilken also denied the government's request for a further delay, and ordered it to forgo the traditional 30-day waiting period between making a decision and implementing it.