His decision was immediately challenged by Environmental Groups that have since filed suite opining that the dictates of the Endangered Species Act were not being followed. The Center for Biological Diversity, the Natural Resource Defense Council, Greenpeace and the Defenders of Wildlife were predictable proponents of stopping any activity that generated greenhouse gas emissions and was therefore responsible for global warming and the melting of arctic ice. Secretary Kempthorne, in his finding, specifically disallowed such a linkage between any one carbon dioxide source and the threat to the polar bears. It was obviously not his intention to shut down oil and gas activity in arctic Alaska despite the fact that a “threatened” or “endangered” status imposed on wildlife usually prevents most human actions – except litigation.

It should not have been a surprise, therefore, when  Governor  Palin announced  her intention to litigate the Secretary’s decision. She had put the Department of the Interior on notice of her position in a letter of 10 April, 2008.  In part, she said, “I am concerned that the determination made by the Service is based on incomplete information. I want Secretary Kempthorne to have all the facts at his disposal before he makes a final decision. The consequences of listing the polar bear will have widespread social and economic impacts without providing any more protection for the bears.”

Then in May, Governor Palin released a statement on the state’s intent to litigate the new ruling.  She wrote, “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….

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….”

The governor’s action triggered howls of anguish and shock from the green lobby who apparently perceive that litigation is their sole right not available to the rest of Americans.

As for the polar bears, they are being harassed more than ever by media camera people, but they are doing pretty well in the hunting stakes.  In the past 20 years the polar bears have killed more oil company workers in the North American arctic than the other way around.

By Roger Herrera, an oil and gas consultant with decades of experience in Arctic oil issues.