April 30, 2013

Polar bear saga continues … Part 2

By M. Reed Hopper Senior Attorney

Two weeks ago, we filed a petition in the D.C. Circuit Court asking the en banc court to rehear the panel decision that upheld the listing of the polar bear as a threatened species.  That petition outlined three major errors in the panel’s decision: (1) that the Fish and Wildlife Service did not properly account for foreign conservation efforts; (2) that the  Service did not explain how the polar bear satisfied the statutory definition for “threatened;” and, (3) that the Service used an improper standard in determining harm to the species.  Yesterday, the court denied the rehearing request.  This case will now be petitioned to the U.S. Supreme Court.

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