Polar Bear to Be Designated As Threatened Species

WASHINGTON -- The Bush administration declared the polar bear a threatened species, acknowledging that the loss of sea ice caused by global warming was jeopardizing the animal's future.

The decision, after months of delay and legal challenges, was greeted by environmental groups as a watershed moment, and sharply criticized by conservatives who fear its ramifications for the U.S economy. Opponents of listing the bear as threatened have long questioned the science behind such a move and predicted that it will lead to new restrictions on drilling for oil and gas in Alaska, as well as limits on a range of activities in the rest of the U.S. that contribute to the emission of global-warming gases.

In announcing the decision Wednesday, Interior Secretary Dirk Kempthorne said he was compelled to act both by the requirements of the federal Endangered Special Act and scientific evidence showing the bear's habitat is melting. Although the global population of polar bears has grown from a low of about 12,000 in the late 1960s to approximately 25,000 today, Mr. Kempthorne said government scientists had advised him that computer modeling projects "a significant population decline" by the year 2050.

"This decision may not be a popular decision, but I believe it is the right decision," Mr. Kempthorne said.

In announcing the decision, the Bush administration took steps to limit its impact on drilling activities in Alaska, a move that was criticized by environmental groups. Mr. Kempthorne said the U.S. Fish and Wildlife Service would promulgate a rule stating that if an activity is permissible under the Marine Mammal Protection Act -- another federal law covering the bear and with which oil companies in Alaska must already comply -- it is also permissible under the Endangered Species Act. Interior officials also said the listing would lead to few new additional regulations on oil and gas drilling in Alaska.

"The administration's decision is riddled with loopholes, caveats, and backhanded language that could actually undermine protections for the polar bear and other species," Carl Pope, executive director of the Sierra Club, said in a written statement.

It is unclear how the Interior Department's move will affect the broader debate in Washington over how to fight climate change. Mr. Kempthorne said the administration would instruct Fish and Wildlife staff that "the best scientific data available today cannot make a causal connection between harm to" the bear "and greenhouse-gas emissions from a specific facility, or resource development project, or government action."

But some legal experts said the decision could still lead to the government applying the Endangered Species Act to a range of business activities in the lower contiguous 48 states that contribute to greenhouse-gas emissions.

"It may have a significant impact across myriad industries," said Roger Martella, a former general counsel of the Environmental Protection Agency.

A spokeswoman for the American Petroleum Institute, which represents the oil-and-gas industry, said the organization was still reviewing the administration's announcement, but it commended Mr. Kempthorne for stating that the Endangered Species Act shouldn't be "abused to make global-warming policies."

In other quarters, reaction to the administration's decision was more critical. Some conservatives accused Mr. Kempthorne of kowtowing to environmentalists and said he had relied on questionable projections about bear populations in midcentury.

The debate over the bear's status is unfolding as Democrats and Republicans in Congress continue to quarrel over which party deserves more blame for high oil prices and the U.S.'s heavy reliance on foreign oil. Earlier this week, the Senate rejected a package of measures that called for opening the Arctic National Wildlife Refuge in Alaska and some offshore waters that are now off limits.