In In re Polar Bear Endangered Species Act Listing, the listing of the polar bear as a threatened specie was challenged. It is not endangered today but could be in the future. The listing by the Fish and Wildlife Service (FWS) was attacked as arbitrary and capricious. The appeals court held that unless a specie can be shown to be threatened or endangered now it could not be listed

Question

Quizplus · Accepted Answer

The statement is incorrect. The appeals court did not require the specie to be threatened or endangered at the time of listing, but rather allowed for the FWS to make a determination based on future threats to the species. The court upheld the listing of the polar bear as a threatened species under the Endangered Species Act.

In in Re Polar Bear Endangered Species Act Listing, the Listing