10:43 p.m. | Updated
The Center for Biological Diversity is known for creative public relations stunts, like deploying one of its lawyers in a polar bear suit at climate talks in Copenhagen last December:
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But the group is even better at filing lawsuits using novel arguments under existing laws to try to restrict emissions of greenhouse gases.
As a longtime observer of a wide range of efforts to limit global warming, I see this as one of the least likely to succeed — and a bad match of tool and task — if the goal is, in fact, to limit warming, which would require global cuts in emissions.
But they have every right to try. And they’ve had some success, including prompting the Environmental Protection Agency to consider if carbon dioxide should be restricted under the Clean Water Act — because it’s lowering the pH of seawater in ways that could harm corals and plankton.
They’ve also tried to test the greenhouse value of the Endangered Species Act by asserting that wildlife including several sea turtle species and, of course, polar bears faced extinction through global warming.
They’ve had the most success with polar bears, forcing the Bush administration in December 2006 to acknowledge the connection between greenhouse-driven warming and harm to wildlife and prompting the listing of the species as threatened.
In the wake of a hearing last month on this and several related lawsuits, a Federal District Court judge in Washington, D.C., this week ordered the Interior Department to explain its decision not to seek the greatest protection.
The news release issued by the biodiversity center following the judge’s order clearly shows the long-term game plan of the group. Along with the threatened listing for polar bears, the Bush administration was able to issue a related special rule exempting greenhouse-gas emissions from being affected by the species law. But such special rules cannot be issued if a species is listed as endangered.
Watch for the Obama administration response some time in late December.
There’s just one problem. As this legal saga plays out, no one in Asia — where nearly all of the growth in greenhouse gas emissions is coming in the next few decades — will blink an eye.
Postscript:
Coincidentally, newly published research on changing dietary habits of polar bears around the southern shores of Canada’s Hudson Bay reveals the species’ adaptability in the face of shifting climate patterns. The bears there have had to leave the sea ice behind, along with their normal diet of ringed seal pups, earlier in the year because of warming. But now they find themselves onshore just as vast flocks of snow geese are nesting, providing an abundant supply of eggs and birds.
Here’s the keystone conclusion from the paper, which is being published in the journal Oikos:
Climate change driven advances in the date of sea ice breakup will increasingly lead to a loss of spring polar bear foraging opportunities on ringed seal pups creating a phenological trophic ‘mismatch.’ However, the same shift will lead to a new ‘match’ between polar bears and ground nesting birds.
I first wrote on this research, led by biologists affiliated with the American Museum of Natural History, when the field work was in its early stages. Another paper on the work was published last year.