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Fifteen lawyers representing a diversity of interests took their seats this morning to argue a case involving global biodiversity and climate change — whether the polar bear should be listed as a threatened or endangered species, or indeed, whether it should be listed at all.
Ursus maritimus is currently listed as threatened, but environmental groups, hunters, the state of Alaska, the Alaska Oil and Gas Association, and even California ranchers are challenging the rationale for the service’s decision. U.S. District Judge Emmet Sullivan already remanded the threatened listing to the service for further explanation, but the supplemental memorandum the service produced drew harsh criticism from the first lawyer to address the court, Kassie Siegel of the Center for Biological Diversity.
Siegel said the service came up with a new definition, not found in the Endangered Species Act, for determining when a species should be designated “endangered,” rather than “threatened.” The service’s new standard says a species must be on the “brink of extinction” before it can be listed as endangered.