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:

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The appeals court likely found that the listing was not arbitrary and capricious, and that the FWS's decision was based on a reasonable assessment of future threats to the polar bear's habitat, particularly due to climate change. This decision would imply that the court found the FWS's action to be justified and supported by the evidence, rather than fitting the specific outcomes described in the other options.

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