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Governor Releases Statement on Litigation Regarding Polar Bears
From a State of Alaska press release: "As I have said, I am
disappointed with U.S. Interior Secretary Dirk Kempthorne's decision to
list polar bears as threatened under the Endangered Species Act.
Measures are already in place to protect the polar bear.
First and foremost, I will do everything within my power as Governor
to protect the interests of the people of Alaska. I also want to do my
part to minimize the impact of the Secretary’s decision on the economy
of the nation.
By exempting oil and gas development and
subsistence use from his decision, the Secretary sought to minimize
negative consequences for Alaska . He also found no linkage between
economic development in the lower 48 states and the loss of critical
polar bear habitat in Alaska. Certain groups have already indicated
their intention to litigate the Secretary's findings.
I want to assure Alaskans that my administration, through the
Department of Law, will join with those parties seeking to challenge
significant elements of the Secretary's listing decision.
The goal here is not necessarily to be the first to litigate but to
bring all of the state's legal and analytic resources to bear in order
to ensure ultimate victory on the issues of importance to the people of
Alaska. So, once litigation has begun, I will direct that the
Department of Law and all other state agencies with relevant expertise
contribute their resources to the effort. In the meantime, we have
already begun an analysis of the approximately 400 pages comprising the
Secretary's decision and administrative record.
Without question, litigation challenging the Secretary's decision will
be of immense significance to Alaska and the nation. I would not be at
all surprised if the case is ultimately decided by the U.S. Supreme
Court. As Governor, I believe that my responsibility requires full
State participation beginning at the trial court and ending with the
last appeal.
At the same time, we will work cooperatively with the U.S. Fish and
Wildlife Service to protect the health and viability of polar bear
populations. As I have stated previously, such protection is one of my
primary objectives.
Toward this end, I will request that the Alaska Department of Fish and
Game work with its federal counter-parts in the identification of
critical habitat, necessary conservation measures and the development
of a recovery plan. I believe that State participation will help ensure
a better result for polar bears and for the citizens of Alaska. In
this regard, I also want to reiterate my view that the Marine Mammals
Protection Act already provides the safeguards that are required for
polar bear protection, and we will express this view to the U.S. Fish
and Wildlife Service.
Prior to the Secretary's decision, members of my administration spent
many days reviewing all relevant information concerning the status of
polar bears and submitted our findings to the U.S. Department of the
Interior. We will continue our active involvement, whether this is in
the courts, administrative agencies, or the Congress." Source
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