Polar bears

Center for Biological Diversity v. Kempthorne

Summary:

In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants’ final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court .   The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia.

In an action alleging multiple violations of the Endangered Species Act (ESA), the Administrative Procedures Act (APA), and the National Environmental Policy Act (NEPA) pursuant to Defendants’ final rule designating the polar bear as threatened and promulgation of a special rule under section 4(d) of the ESA, Defendants Kempthorne and the United States Fish and Wildlife Service brought a motion to transfer the case to the United States District Court for the District of Columbia, Intervenor-Defendant Arctic Slope Regional Corporation brought a separate motion to transfer the case to the District of Alaska, and Intervenor-Defendant Alaska Oil and Gas Association filed a motion with the Judicial Panel on Multidistrict Litigation (MDL Panel) seeking to transfer the case to the D.C. District Court .   The United States District Court, N.D. California denied the motion to transfer the case to the District of Alaska, and decided to take the motion to transfer to the District of Columbia into submission and rule on it once the MDL Panel has issued its decision on whether to transfer the case to the District of Columbia.

Center for Biological Diversity v. Kempthorne

Summary:

Plaintiffs brought various claims against Defendants relating to Defendants’ final rule designating the polar bear as a threatened species under the Endangered Species Act (ESA), and Defendants’ promulgation of a special rule under section 4(d) of the ESA, allowing certain activities with respect to the polar bear that might otherwise be prohibited.   The United States District Court, N.D. California tentatively granted a non-profit organization’s motion to intervene with respect to the action challenging Defendants’ section 4(d) rule as contrary to the ESA, finding that although the Organization did not show that the current Plaintiffs will not adequately represent the Organization’s interest, a decision for Defendants could jeopardize the Organization’s interests and the Organization’s motion was timely.

Plaintiffs brought various claims against Defendants relating to Defendants’ final rule designating the polar bear as a threatened species under the Endangered Species Act (ESA), and Defendants’ promulgation of a special rule under section 4(d) of the ESA, allowing certain activities with respect to the polar bear that might otherwise be prohibited.   The United States District Court, N.D. California tentatively granted a non-profit organization’s motion to intervene with respect to the action challenging Defendants’ section 4(d) rule as contrary to the ESA, finding that although the Organization did not show that the current Plaintiffs will not adequately represent the Organization’s interest, a decision for Defendants could jeopardize the Organization’s interests and the Organization’s motion was timely.

Center for Biological Diversity v. Kempthorne

Summary:

Plaintiff Center for Biological Diversity (CBD) seeks to compel Defendants to perform their mandatory duty under the Endangered Species Act (ESA) to publish a final listing determination for the polar bear. Plaintiffs have filed a summary judgment motion seeking an injunction and declaratory judgment to this effect. The action began back in 2005 when CBD petitioned to list the polar bear as endangered under the ESA.  Plaintiffs' action arises from Defendants' failure to issue a final listing determination and critical habitat designation by January 9, 2008-within one year of publication of the proposed rule-as required by the ESA (16 U.S.C. § 1533(b)(6)). Since Defendants missed this non-discretionary deadline, and there was no dispute of material fact, summary judgment was granted by the court.

Plaintiff Center for Biological Diversity (CBD) seeks to compel Defendants to perform their mandatory duty under the Endangered Species Act (ESA) to publish a final listing determination for the polar bear. Plaintiffs have filed a summary judgment motion seeking an injunction and declaratory judgment to this effect. The action began back in 2005 when CBD petitioned to list the polar bear as endangered under the ESA.  Plaintiffs' action arises from Defendants' failure to issue a final listing determination and critical habitat designation by January 9, 2008-within one year of publication of the proposed rule-as required by the ESA (16 U.S.C. § 1533(b)(6)). Since Defendants missed this non-discretionary deadline, and there was no dispute of material fact, summary judgment was granted by the court.

Overview of Polar Bears

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Summary:

This overview explores the laws, both domestic and non-U.S., in place to protect polar bears. It also discusses the current threats to polar bear populations, including climate change, oil and other development, pollution, hunting and self-defense killing, intraspecific predation, tourism in the Arctic, and capture for public display.

This overview explores the laws, both domestic and non-U.S., in place to protect polar bears. It also discusses the current threats to polar bear populations, including climate change, oil and other development, pollution, hunting and self-defense killing, intraspecific predation, tourism in the Arctic, and capture for public display.

Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States

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Summary:

This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.

This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.

A Survey of Agreements and Federal Legislation Protecting Polar Bears in the United States

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Summary:

Throughout the past few decades, international concern for polar bear welfare has increased dramatically. The multinational agreements forged for their conservation require significant policing, cooperation, and understanding of the complex ecological and economic considerations surrounding these predators. Woolsey’s article explores the international agreements and measures designed to save both the bears and their critical habitat.

Throughout the past few decades, international concern for polar bear welfare has increased dramatically. The multinational agreements forged for their conservation require significant policing, cooperation, and understanding of the complex ecological and economic considerations surrounding these predators. Woolsey’s article explores the international agreements and measures designed to save both the bears and their critical habitat.

What About The Polar Bears? The Future of The Polar Bears as Predicted by a Survey of Success Under The Endangered Species Act

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Summary:

The proposed listing of polar bears raises questions about what that listing might mean for the polar bears as a species, and how successful conservation efforts will or can be. This Comment explores these and other questions implicated by the proposed listing of polar bears as an endangered species under the Act.

The proposed listing of polar bears raises questions about what that listing might mean for the polar bears as a species, and how successful conservation efforts will or can be. This Comment explores these and other questions implicated by the proposed listing of polar bears as an endangered species under the Act.

US - Marine Mammals - Public Display of Marine Mammals

Summary:

NMFS is announcing that the American Zoo and Aquarium Association (AZA) and the Alliance of Marine Mammal Parks and Aquariums Alliance) have submitted, for reference purposes, the professionally accepted standards on which their members base their education and conservation programs. The MMPA was amended substantially on April 30, 1994.  These 1994 Amendments require that persons holding marine mammals for purposes of public display, or requesting issuance of a permit to capture or import a marine mammal for purposes of public display, must offer a program for education or conservation purposes that is based on professionally recognized standards of the public display community.

NMFS is announcing that the American Zoo and Aquarium Association (AZA) and the Alliance of Marine Mammal Parks and Aquariums Alliance) have submitted, for reference purposes, the professionally accepted standards on which their members base their education and conservation programs. The MMPA was amended substantially on April 30, 1994.  These 1994 Amendments require that persons holding marine mammals for purposes of public display, or requesting issuance of a permit to capture or import a marine mammal for purposes of public display, must offer a program for education or conservation purposes that is based on professionally recognized standards of the public display community.