Wildlife and People

Alaska to Sue Over Polar Bear Listing

Alaska State Gov. Press Release No. 08-076 [here]

May 21, 2008, Anchorage, Alaska – Governor Sarah Palin announced today the state of Alaska intends to file suit in U.S. District Court for the District of Columbia challenging U.S. Interior Secretary Dirk Kempthorne’s decision to list the polar bear as threatened under the Endangered Species Act.

“We appreciate the Secretary’s recognition that oil and gas activities are already regulated under the Marine Mammal Protection Act to prevent impacts to the polar bear and do not pose a threat to the polar bear,” Governor Palin said.

In previous comments submitted to the Secretary, the state maintains that there is insufficient evidence to support a listing of the polar bear as threatened for any reason at this time. Polar bears are currently well-managed and have dramatically increased over 30 years as a result of conservation measures enacted through international agreements and the Marine Mammal Protection Act. A listing of the polar bear under the ESA will not provide additional conservation measures.

The Attorney General’s office will draft and file a complaint under the Administrative Procedure Act (APA). The Secretary’s decision to list a currently healthy species is based on not only the uncertain modeling of future climate change, but also the unproven long-term impact of any future climate change on the species. Alaska’s Attorney General believes the decision is so arbitrary it violates the limits of the APA.

The Attorney General’s office will also begin drafting a 60-day notice of intent to sue under the Endangered Species Act. This action is based on the Secretary’s failure to make a decision based solely on the best available scientific and commercial information. It is also based on the Secretary’s unwarranted expansion of the “foreseeable future” into periods where detailed forecasts of climate change are not possible. A 60-day notice is a legal prerequisite to bringing an action directly under the ESA.

The state is also monitoring ongoing litigation related to the polar bear listing in the Northern District of California and will consider intervention in that lawsuit if it becomes clear that the court in that case intends to address substantive rather than just procedural issues.

“While climate change is a significant issue, the Endangered Species Act is not the right tool to address impacts to a species from climate change,” Attorney General Talis Colberg said.

“Inappropriate implementation of this listing decision could result in widespread social and economic impacts, including increased power costs and further increases in fuel prices, without providing any more protection for the species,” Department of Natural Resources Commissioner Tom Irwin said.

“While the state is challenging the listing, we remain committed to assuring Alaska’s polar bears are conserved,” Governor Palin said. “The state will continue to monitor Alaska’s polar bear populations and their behaviors in relation to changing sea ice conditions.”

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Governor Palin’s Statement on Polar Bear Litigation

FOR IMMEDIATE RELEASE No. 08-075 [here]

May 16, 2008, Anchorage, Alaska – Governor Sarah Palin today released the following statement on litigation regarding polar bears:

“As I have said, I am disappointed with U.S. Interior Secretary Dirk Kempthorne’s decision to list polar bears as threatened under the Endangered Species Act. Measures are already in place to protect the polar bear.

First and foremost, I will do everything within my power as Governor to protect the interests of the people of Alaska. I also want to do my part to minimize the impact of the Secretary’s decision on the economy of the nation.

By exempting oil and gas development and subsistence use from his decision, the Secretary sought to minimize negative consequences for Alaska. He also found no linkage between economic development in the lower 48 states and the loss of critical polar bear habitat in Alaska. Certain groups have already indicated their intention to litigate the Secretary’s findings.

I want to assure Alaskans that my administration, through the Department of Law, will join with those parties seeking to challenge significant elements of the Secretary’s listing decision.

The goal here is not necessarily to be the first to litigate but to bring all of the state’s legal and analytic resources to bear in order to ensure ultimate victory on the issues of importance to the people of Alaska. So, once litigation has begun, I will direct that the Department of Law and all other state agencies with relevant expertise contribute their resources to the effort. In the meantime, we have already begun an analysis of the approximately 400 pages comprising the Secretary’s decision and administrative record.

Without question, litigation challenging the Secretary’s decision will be of immense significance to Alaska and the nation. I would not be at all surprised if the case is ultimately decided by the U.S. Supreme Court. As Governor, I believe that my responsibility requires full State participation beginning at the trial court and ending with the last appeal.

At the same time, we will work cooperatively with the U.S. Fish and Wildlife Service to protect the health and viability of polar bear populations. As I have stated previously, such protection is one of my primary objectives.

Toward this end, I will request that the Alaska Department of Fish and Game work with its federal counter-parts in the identification of critical habitat, necessary conservation measures and the development of a recovery plan. I believe that State participation will help ensure a better result for polar bears and for the citizens of Alaska. In this regard, I also want to reiterate my view that the Marine Mammals Protection Act already provides the safeguards that are required for polar bear protection, and we will express this view to the U.S. Fish and Wildlife Service.

Prior to the Secretary’s decision, members of my administration spent many days reviewing all relevant information concerning the status of polar bears and submitted our findings to the U.S. Department of the Interior. We will continue our active involvement, whether this is in the courts, administrative agencies, or the Congress.”