The Obama Administration announced today that it would embrace a last-minute “midnight rule” created by President Bush that emasculates protections for the imperiled polar bear under the Endangered Species Act.
The rule adopted by Obama — and celebrated by Alaska Governor Sarah Palin — bars the government from using the polar bear’s protected status to regulate greenhouse gas emissions as an extinction threat if those emissions originate outside the animal’s Arctic habitat. However, as the official listing of the polar bear acknowledged, it is exactly those remote emissions — and the climate change they cause — that are destroying the polar bear’s sea-ice habitat and driving the creatures into extinction. The Bush rule, then, not only violates the intent of the Endangered Species Act, environmentalists have argued, but also dooms the polar bear as a wild species.
In making the announcement, Interior Secretary Ken Salazar promised continued, vigorous action to rescue the polar bear. But he said the Bush rule made sense, as the Obama Administration intends to use different methods of combatting global warming.
“We must do all we can to help the polar bear recover, recognizing that the greatest threat to the polar bear is the melting of Arctic sea ice caused by climate change,” Salazar said. “However, the Endangered Species Act is not the proper mechanism for controlling our nation’s carbon emissions.”
This was the same argument the Bush Administration employed in crafting the special polar bear rule, asserting that it would be wrong to use the act as a “back door” method of regulating climate change. But environmentalists have argued that the broad intent of the Endangered Species Act unequivocally requires a response to all human-caused extinction threats, including global warming, and that the powerful law should be viewed as a valuable tool and opportunity to tackle the climate crisis.
Congress passed legislation giving Obama authority to overturn this and other Bush midnight rules with the stroke of a pen — authority that expires May 9. Eight senators (including both California senators, Dianne Feinstein and Barbara Boxer), 41 congressman, 130 conservation groups, and more than 1300 scientists wrote Obama,urging him to overturn the special polar bear rule. But Salazar had been telegraphing for months that the rule would likely be left in place, a move he said today would ”avoid uncertainty and confusion about the management of the species.”
“For Salazar to adopt Bush’s polar bear extinction plan is confirming the worst fears of his tenure as Secretary of Interior,” said Noah Greenwald, biodiversity program director for the Center for Biological Diversity. ”Secretary Salazar would apparently prefer to please Sarah Palin than protect polar bears.”
Activists at the Center for Biological Diversity, which led the effort to secure protections for polar bears and forced the Bush Administration to acknowledge global warming as an extinction threat, wasted no time in harshly decrying the decision. “For Salazar to adopt Bush’s polar bear extinction plan is confirming the worst fears of his tenure as Secretary of Interior,” said Noah Greenwald, biodiversity program director for the Center for Biological Diversity. ”Secretary Salazar would apparently prefer to please Sarah Palin than protect polar bears.”
Last week, Greenwald and other environmentalists celebrated the administration’s decision to rescind another Bush midnight rule that had removed global warming completely from the purview of the Endangered Species Act.
“It makes little sense for Salazar to rescind Bush’s national policy barring consideration of global warming impacts to endangered species in general, but keep that exact policy in place for the one species most endangered by global warming—the polar bear,” Greenwald complained.
A coalition of environmental groups has already gone to court to overturn the Bush rule as a violation of the Endangered Species Act — a legal battle that will continue, according to Greenwald, who asserts that greenhouse gases should be treated like any other pollutant that can harm an endangered species. Several groups have joined the government’s side in the lawsuit, which means the Obama Admnistration will have as allies Palin, the oil industry, and numerous trade associations representing major greenhouse gas emitters.
Cross-posted at Stop Global Warming at Change.org