The environmental groups that are advocating the polar bear's listing contend the temperature increases are in part a function of man-made changes to the environment — most important, the addition of greenhouse gases to the atmosphere.

Now, it's entirely possible that the Fish and Wildlife Service — the federal agency that will make the decision whether to protect the polar bear — will list the bear, but will not give the exact cause of the bear's loss of habitat.

Even if the service ducks the climate change issue, it's unquestionable the issue of global warming and man's role in it will be raised in follow-up litigation.

Section 10 of the Endangered Species Act lets private citizens sue anyone, including government agencies, for violating the act.

Hence, environmentalists would be able to sue the Environmental Protection Agency to make it issue regulations substantially restricting car emissions, on the theory that those emissions contribute to climate change and reduce the polar bear's habitat.

And how would a court adjudicate that kind of a lawsuit? Very simply: It would have to decide whether man-made greenhouse gases cause global warming.

Yes, that's right — what is perhaps the most contentious scientific issue of our time would be placed for decision before a few unelected federal judges, whose judgments would bind entire federal agencies and, through their own regulations, the American people.