Ken Salazar may not throw polar bears a lifeline as clock ticks down

May 7, 5:09 PMSeattle Environmental Policy ExaminerJean Williams

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Time is running out on a critical action to help save polar bears and their habitat and Interior Secretary Ken Salazar may let the deadline slip into the night. But it won’t go quietly, if congress and environmental organizations have their way

On March 11, 2009 President signed the law that gave Interior Secretary Ken Salazar the authority to unplug the “special rule” 4(d) from the Endangered Species Act, in relation to polar bear habitat melting, due to climate change.

The opportunity expires two days from now on May 9th.

Last week, Interior Secretary Salazar and Commerce Secretary Gary Locke, reversed the restrictions on the ESA that Bush put in place before departing. That action was celebrated by conservationists, but the failure to help protect polar bears, by rescinding the 4(d) rule put a damper on the positive mood.

There has been a tremendous outpouring of support from congress, conservation groups, scientists, professors, and citizen petitions to withdraw the rule, but to no avail so far. Only two days remain and the Interior department has not sent any notification to the White House, of intentions to make further changes, as it did when the Bush ESA restrictions were pulled last week.

However, according to a report in Greenwire: the department did ask a federal judge in U.S. Circuit Court of the District of Columbia to delay a scheduled court conference on lawsuits over the polar bear rule until after the Saturday, May 9, deadline--indicating changes are at least under consideration.

WHAT’S THE CONFLICT?

The Bush Administration, with aid of Interior Secretary Dick Kempthorne, imposed the “special rule” under 4(d) of the ESA, in an effort to block the use of the Act as a tool to fight climate change. The problem is, climate change is responsible for the increased rate of polar ice caps melting and crumbling into the sea. This activity is endangering the polar bear’s habitat and its ability to find food.

Section 7 of the Endangered Species Act: requires Federal agencies to insure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of listed species or modify their critical habitat.

By enacting “special rule” 4(9), when considering the protection of an endangered species that depends on a habitat that’s under assault by climate change, the Bush administration effectively circumvented section 7 of the ESA.

POSSIBLE OUTCOME

The Environmental Protection Agency recently announced that global warming is harmful to human health and that pollutants should be regulated under the Clean Air Act. This represents a major step forward in the direction of climate change regulation, but time is critical for polar bears.

Environmentalists are concerned that polar bears are not be the only species adversely affected by climate change, but they are one of the most critical at this point. New research shows that polar ice caps are melting faster than previous studies have indicated.

Nichole Rosmarino, Wildlife Program Director of WildEarth Guardians, wrote in a press release today: We care, because we are seeing the impacts of climate change in the western United States everyday--including southwestern fish running out of water, due to extended drought; grassland species, whose habitat is turning to brush; riparian and wetland plants and animals, whose homes are literally drying out. And high altitude species, who are running out of places to go as temperatures sweep up mountain-sides.

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If Secretary Salazar doesn’t withdraw the “special rule” that prohibits considering climate change in the management of polar bear habitat, the administration can expect numerous conservation groups to take legal action and pending law suits to move forward.

For more information and petitions:

WildEarth Guardians

Defenders of Wildlife

Center for Biological Diversity

Greenwire
 

Endangered Species Coalition