The Bush administration has until May 15 to decide whether polar bears should be listed under the Endangered Species Act (ESA), a federal judge has ruled. The listing could impact emerging oil and natural gas development in U.S. Arctic waters.

U.S. District Judge Claudia Wilken of the Northern District of California issued the order this week in Case No. C 08-1339 (Center for Biological Diversity, et al., v. Dirk Kempthorne, U.S. Secretary of the Interior; and U.S. Fish and Wildlife Service). Noting that “timeliness is essential,” the order was issued without oral argument.

The lawsuit was filed after the Bush administration missed several deadlines this year to make a decision about the possible ESA listing (see Daily GPI, March 11). The Department of Interior (DOI) had requested a delay until June 30, which Wilken rejected.

“Defendants offer no specific facts that would justify the existing delay, much less further delay,” the judge wrote. “To allow defendants more time would violate the mandated listing deadlines under the ESA and congressional intent that time is of the essence in listing threatened species.”

Environmental groups petitioned to have polar bears listed as an endangered species under the ESA in 2005. In early 2007 the DOI proposed a rule, published in the Federal Register, to list the polar bear as a “threatened” species, and public hearings followed in Alaska and Washington, DC. At DOI’s request, the U.S. Geological Survey completed a report on polar bear habitat in the United States, which included data on arctic climate and sea ice trends. Following additional public hearings on the report, DOI announced on Jan. 7 that final listing would occur within 30 days.

The government contends that waiting longer to consider the ESA listing would not pose a threat to the bears because the species is already protected under the U.S. Marine Mammal Protection Act (MMPA). However, Wilken noted that the ESA protections “far surpass” those under the MMPA because the ESA also protects a species habitat.

“The federal court has thrown this incredible animal a lifeline,” said Andrew Wetzler of the Natural Resources Defence Council. “The ESA requires the decision to be based solely on science, and the science is absolutely unambiguous that the polar bear deserves protection.”

A DOI official said the agency is reviewing Wilken’s decision.

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