Yesterday the Center for Biological Diversity, Greenpeace and the Natural Resources Defense Council served their 60-day notice of intent to sue the U.S. Fish and Wildlife Service over its failure to proceed with a listing decision for the polar bear under the Endangered Species Act. A final listing decision from Fish and Wildlife was due today, but agency officials indicated earlier this week that they would miss the deadline, citing the large volume of public comments – over 600,000 – received on the agency's proposal to list the polar bear as "threatened" under the ESA. The polar bear case includes the federal government's first consideration of climate change as a factor in making a listing determination under the ESA.
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First steps taken in polar bear litigation
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