The clock is suddenly ticking for the U.S. Department of the Interior to defend its classification of the polar bear as "threatened," rather than the more protective "endangered" classification. The "threatened" designation dates back to the George W. Bush administration, but in response to a series of lawsuits concerning the polar bear, U.S. District of Columbia District Judge Emmet Sullivan said this week that the government needs to review that decision, because it was not based on a proper reading of the Endangered Species Act.
In his decision, Judge Sullivan said that the agency was wrong to conclude that a species had to be in imminent danger of extinction in order to qualify as an endangered species. He said that the Endangered Species Act was ambiguous as to whether a species had to be on the brink of extinction in order to be considered endangered. He did not rule on the merits. [Wall Street Journal]
