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….
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