The Pacific Legal Foundation has filed a notice of intent to sue the Fish & Wildlife Service challenging the listing of the polar bear as a “threatened species” under the ESA on behalf of the California Cattleman’s Association, California Forestry Association, and the Congress on Racial Equality. There’s more on the planned suit here.
While I like much of PLF’s work, I think they’re on the wrong side of this one. However pointless or mischievous the polar bear listing may be — and however speculative some of the scientific data upon which the listing is based may be — I believe the “best available” science easily supports the FWS decision. (See this article and my posts below.) Further, given the deference a reviewing court should show to the FWS’ decision and scientific determination, their lawsuit should not fare particularly well. This may be bad policy, but it’s the law.