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Polar Bears Could Lead to ESA Climate Change Regulation
As the U.S. Fish and Wildlife Service considers whether to list the polar bear as threatened under the Endangered Species Act, NAHB last week sent the agency a letter urging it not to overstep its bounds by using the ESA as a tool to fight global warming.
In taking no position on whether to support or oppose the listing of the polar bear, NAHB’s comments reflected the association’s belief that the ESA is not the proper vehicle for addressing climate change.
“Protection for the polar bear, if listed as threatened (as proposed), must be limited to those protections that fall within the boundaries set by the ESA,” NAHB stated. “Listing the polar bear due to the predicted habitat destruction and/or modification of polar sea ice as a result of climate change is unwarranted and unwise.”
The Fish and Wildlife Service has stated that polar bear critical habitat is “not determinable at this time,” since the mammal resides almost exclusively on polar sea ice.
The issue has far-reaching consequences. If the Fish and Wildlife Service chooses to identify climate change as the principal threat to polar bear habitat, it might take an expansive interpretation of the law to rule that actions that take place hundreds of miles from where the polar bear lives have an impact on its habitat.
In other words, as NAHB clearly stated in its letter to the agency, petitioners of the listing are using it as “the basis to compel the State of California to place restrictions on residential development because of the presumed effects of climate change on polar bear habitat. NAHB is extremely concerned that the Service may overstep its bounds.”
NAHB urged the Fish and Wildlife Service to proceed cautiously in developing rules for polar bears. In deciding whether or not to list the polar bear as a threatened species, NAHB urged federal regulators to “properly limit the scope to that which is conferred by the statute.”
For more information, e-mail Calli Schmidt at NAHB or call her at 800-368-5242 x8132.
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