Our Polar Bears, Ourselves...OUR FUTURE

It wasn't much noticed at the time, but three weeks before she was chosen as John McCain's vice presidential running mate, Alaska Governor Sarah Palin played a key supporting role in the latest episode of the Bush Administration's eight-year war on the Endangered Species Act, one of the cornerstones of American environmental law. On August 4 Alaska sued the government for listing the polar bear as a "threatened" species, an action, the lawsuit asserted, that would harm "oil and gas...development" in the state. In an accompanying statement, Palin complained that the listing "was not based on the best scientific and commercial data available" and should be rescinded.

The Bush Administration had not wanted to designate the polar bear as threatened in the first place; now Palin's lawsuit provided cover to backtrack on the decision. The Interior Department had issued the listing only after environmental groups filed two lawsuits, and the courts ordered compliance. While the polar bear population was currently stable, the plaintiffs argued, greenhouse gas emissions were melting the Arctic ice that polar bears rely on to hunt seals, their main food source. A study by the US Geological Survey supported this argument, concluding that two-thirds of all polar bears could be gone by 2050 if Arctic ice continues to melt as scientists project. The listing was the first time global warming had been cited as the sole premise in an Endangered Species Act case, and Interior Secretary Dirk Kempthorne clearly wanted it to be the last. When Kempthorne announced the polar bear listing on May 14, he emphasized that it would not affect federal policy on global warming or block development of "our natural resources in the Arctic."

A week after Palin's lawsuit, Kempthorne delivered on that pledge. On August 11 he proposed new rules that could allow federal agencies to decide for themselves whether their actions will imperil a threatened or endangered species. The rule reverses precedent: since passage of the Endangered Species Act in 1973, scientists from the Fish and Wildlife Service have made such determinations independent of the agency involved. Under the new rule, if the Army Corps of Engineers is building a dam, the corps can decide whether it is putting species at risk. To make sure no one missed the point, Kempthorne told reporters that the new rule, which he termed "a narrow regulatory change," would keep the Endangered Species Act from becoming "a back door" to making climate change policy.

Kempthorne's proposal nevertheless seems likely to go forward. An obligatory thirty-day period for public comment expires September 15, after which Interior can begin to implement the rule. Congress could block funding, but few expect that to happen. Lawsuits are certain to follow, but critics say the quickest solution would be for the next administration to withdraw the rule. Barack Obama seems likely to do that; he immediately condemned Kempthorne's proposal. John McCain was silent. But his choice of Palin--who does not believe global warming is caused by humans but does think it's acceptable for humans to gun down wolves from airplanes--suggests that Arctic creatures have much to fear from a McCain administration.

FOR THE REST OF THIS REPORT, PLEASE VISIT: http://www.thenation.com/doc/20080929/hertsgaard