As of today, the American Department of the Interior has listed the polar bear as a ‘threatened’ species, on account of the ongoing disappearance of the Arctic ice cap. In making the announcement, Secretary of the Interior Dirk Kempthorne stressed that the decision is not meant to compel the regulation of greenhouse gasses:
Listing the polar bear as threatened can reduce avoidable losses of polar bears. But it should not open the door to use of the ESA [Endangered Species Act] to regulate greenhouse gas emissions from automobiles, power plants, and other sources. That would be a wholly inappropriate use of the ESA law. The ESA is not the right tool to set U.S. climate policy.
In a sense, that is fair enough. Creating something as comprehensive as a greenhouse gas mitigation strategy in response to concern about a single species is definitely a backwards-seeming way to go about it. At the same time, one is reminded of how somewhat awkward justifications have sometimes been used in the past to secure legal outcomes: for instance, the use of the ‘interstate commerce’ clause in the US Constitution to assert federal jurisdiction, or even the indictment of Al Capone on tax evasion charges, rather than those directly associated with organized crime.
The point here is less whether concern about polar bears does or does not create a legal obligation to act on climate change. Rather, this is another demonstration of how virtually all conservation planning now requires the consideration of climate change effects. This is just one of a thousand cuts through which federal reluctance to effectively regulate greenhouse gasses will need to be eliminated.