This is how news should read….
Judge Rejects Placing Polar Bears On Endangered List
On Thursday,June 30th, U.S. District Judge Emmet Sullivan rejected a lawsuit filed by the Center for Biodiversity, and upheld a 2008 ruling that placed the polar bear on the threatened list with the Fish and Wildlife Service.
In a 116-page opinion, several key comments made by Judge Sullivan stand out that deserve attention.
On page 3, Sullivan states:
In view of these exhaustive administrative proceedings, the Court is keenly aware that this is exactly the kind of decision making process in which its role is strictly circumscribed. Indeed, it is not this Court’s role to determine, based on its independent assessment of the scientific evidence, whether the agency could have reached a different conclusion with regard to the listing of the polar bear. Rather, as mandated by the Supreme Court and by this Circuit, the full extent of the Court’s authority in this case is to determine whether the agency’s decision-making process and its ultimate decision to list the polar bear as a threatened species satisfy certain minimal standards of rationality based upon the evidence before the agency at that time.
Simply stating, it was not the role of the court to determine if the FWS could have reached a different conclusion(citing global warming as a cause), but if the FWS satisfied its final Listing Rule.
The environmental group, Center for Biological Diversity, has failed in several attempts to place the polar bear on the endangered list with the U.S. Fish and Wildlife Service, citing global warming as the cause.
Instead, Judge Sullivan writes in his 116-page opinion that:
“The Court finds that plaintiffs have failed to demonstrate that the agency’s listing determination rises to the level of irrationality. In the Court’s opinion, plaintiffs’ challenges amount to nothing more than competing views about policy and science.”
The plaintiffs, The Center for Biodiversity, and Greenpeace filed motions to persuade the court to change the Fish & Wildlife Service Listing Rule of 2008.
Instead, Judge Sullivan wrote this, regarding the motions:
In sum, having carefully considered plaintiffs’ motions, the federal defendants’ and defendant-intervenors’ crossmotions, the oppositions and replies thereto, various supplemental briefs, the supplemental explanation prepared by FWS in response to this Court’s November 4, 2010 remand order, arguments of counsel at a motions hearing held on February 23,2011, the relevant law, the full administrative record, and for the reasons set forth below, the Court finds that the Service’s decision to list the polar bear as a threatened species under the ESA represents a reasoned exercise of the agency’s discretion based upon the facts and the best available science as of 2008 when the agency made its listing determination. Accordingly, the Court hereby DENIES plaintiffs’ motions for summary judgment and GRANTS the federal defendants’ and defendant-intervenors’ motions for summary judgment.
BUT HOLD THE PRESSES…
FORGET THE TRUTH….
INSERT LIES AND CRAP TO CONFUSE THE PUBLIC…
How’s this for a headline from the online MSM….
THREATENED: Despite a healthy population, animal to stay on list.
By DINA CAPPIELLO
The Associated Press
Published: July 1st, 2011 10:08 AM
Last Modified: July 1st, 2011 10:09 AM
WASHINGTON — A federal judge on Thursday backed a finding by government scientists that global warming is threatening the survival of the polar bear.
Read more: http://www.adn.com/2011/06/30/1944385/judge-backs-scientists-in-polar.html#ixzz1Qt8iwN5z
The title is almost… almost the same as it appears on the top front page of the paper version, in the July 1st edition of the Anchorage Daily News paper….
Judge backs scientists on polar bear status
This is complete and utter crap.
Ms. Cappiello has either failed to research the matter or refused to divulge the truth.
Dina first suggests that Judge Sullivan supports gov’t scientists blaming global warming for threatening the life of polar bears.
In a letter written by then Secretary of the Interior, Kempthorne, whom is sued in this docket, wrote this as a news release from the DOI:
While the proposal to list the species as threatened cites the threat of receding sea
ice, it does not include a scientific analysis of the causes of climate change. That analysis
is beyond the scope of the Endangered Species Act review process, which focuses on
information about the polar bear and its habitat conditions, including reduced sea ice.
Judge Sullivan’s remark( as I wrote at the beginning of this post), also ‘bears’ the same tone that Kempthorne used:
“The Court’s authority in this case is to determine whether the agency’s decision-making process and its ultimate decision to list the polar bear as a threatened species satisfy certain minimal standards..”
The Court had no authority to decide if global warming was the cause, only if the FWS used rational judgement in its Listing Rule.
The Court and specifically Judge Sullivan, in no way supports gov’t scientists nor did the Listing Rule order supplied by the Fish & Wildlife Service cite global warming as a cause.
Later in her article, Dina writes:
Sea ice, which hit an all-time summer low in 2007, has been declining over the past couple of decades and it’s seen a big drop in 2011, said Mark Serreze, director of the National Snow and Ice Data Center. Figures for the past two months show that sea ice levels in the Arctic are currently on a trajectory below the record 2007 year, with weather in the coming month determining if 2011 breaks the 2007 mark, he said.
Read more: http://www.adn.com/2011/06/30/1944385/judge-backs-scientists-in-polar.html#disqus_thread#ixzz1R83MqBpD
But who lies is your guess as good as mine. No quotes were used in that paragraph, so either it is a typo, or Dina took certain privileges with what she thought she heard Mark say.
Either way, its still a LIE.
Here is the latest image from NASA/JAXA sea ice extent. You will notice that there is no ‘big’ drop in sea ice extent.
And as much as alarmists don’t want anyone to know this, the actual sea ice has been rebuilding its multi-year ice, despite a supposed rise in temperature and all the alarmist predictions of a ice-free summer by 2030.
NASA JAXA GRAPH OF SEA ICE EXTENT
You can read more about Arctic Sea ice here.
This kind of journalism by Dina Cappiello has gone on long enough.
It’s time we start holding these journalists accountable for misrepresenting the truth.
Respond to this type of misinformation by writing to Dina Cappiello to make a full retraction of her article.
Good Day !