It's Foreseeable That More Species Will Be Listed Under The ESA Due To Climate Change

The drumbeat of cases, either approving agency action under the ESA – or reversing agency refusal to act – due to habitat alteration resulting from climate change continues to grow. In February, the 9^th Circuit reversed a district court decision and approved the Fish and Wildlife Service's designation of critical polar bear habitat. In April, Judge Christensen of the District of Montana vacated FWS's decision to withdraw a proposed listing of the wolverine. Now, the 9^th Circuit has again weighed in, again reversing a district court judge. This time, the 9^th Circuit affirmed the decision by the National Marine Fisheries Service to list the bearded seal as threatened due to "foreseeable" loss of sea ice.