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 because the bear does not live in the United States, but in Canada and other jurisdictions, it could not be listed by FWS..

Question

Quizplus · Accepted Answer

The statement is incorrect. The appeals court did not rule that the polar bear could not be listed by FWS because it does not live in the United States. Rather, the court upheld the listing but found that FWS failed to sufficiently explain its decision to adopt a rule that prohibited the consideration of harm from greenhouse gas emissions when listing a foreign species under the Endangered Species Act.

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