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On the 50th Anniversary of the Endangered Species Act, it’s time for us to speak up for these struggling bears and use the law to protect them.
Apparently the U.S. Congress thought it was okay to break treaty obligations when they passed a rider that mandated two oil and gas lease sales in the Arctic National Wildlife Refuge. Under the 2017 Tax Cuts and Jobs Act, the Biden administration is being forced to hold a second lease sale this year.
This plot to industrialize the Arctic refuge threatens a population of 500 polar bears that wander along the Beaufort Sea shore and den on the coastal plain of our largest and wildest refuge. While they can’t speak to Congress, they certainly have rights and laws that should protect them.
In January, pregnant polar bears are curled up in dens that they have dug out in snowdrifts. Soon they will give birth to one or two cubs in the dark, icy cold of winter. The newborn bears are about the size of a guinea pig and weigh only a pound. They are helpless and dependent on their mothers who nurse them for about three months in the den. Sensitive to noise and disturbance, polar bear mothers will abandon their cubs if startled by industrial noises that are associated with seismic trains and drilling rigs. The cubs will not survive if their mothers leave the den.
Polar bears have the right to survive.
Since 2008, the Southern Beaufort Sea population of threatened polar bears has been protected under the Endangered Species Act (ESA). Over the past two decades their population has decreased by 40% because of the continued loss of sea ice habitat that they need for survival. More and more bears are denning on land because of the unstable nature of ocean ice or absence of it. Polar bears might be the largest land carnivore, but they are also a victim of climate change, showing us the catastrophic effects of our emissions each and every day they try to survive on vanishing ice floes.
In 1973 five Arctic nations signed the Agreement on the Conservation of Polar Bears to ensure that polar bear populations remained strong and healthy. One of the provisions of this multilateral treaty is that all nations will protect critical denning habitat for polar bears. Never before has the North Slope of Alaska been more critical for denning habitat than it is now. The United States needs to honor this polar bear treaty and protect the coastal plain of the Arctic refuge, not turn it into an oil field. After all, it’s a refuge, and these bears are in serious long-term danger of extinction.
When the Arctic refuge was established in 1980, the purposes were clear: to conserve fish and wildlife populations and habitats in their natural diversity including, but not limited to, the Porcupine caribou herd, polar bears, grizzly bears, muskox, Dall sheep, wolves, wolverines, and an array of migratory birds. A second purpose requires that the Secretary of Interior fulfill international treaty obligations of the United States with respect to fish and wildlife, including polar bears, and their habitats. The opportunity for continued subsistence uses by residents is to be provided, along with ensuring water quality and quantity.
Secretary Deb Haaland and the Biden administration have a duty to honor the original purposes of the Arctic refuge, to fulfill the obligations of the polar bear treaty, and to protect Beaufort Sea polar bears under the Endangered Species Act. Polar bears are also protected under the Marine Mammal Protection Act.
With three laws and an international treaty that protect polar bears, and the fact that some of the Beaufort Sea bears den in a wildlife refuge, one would think these animals are safe. But not so—not if the 2017 Tax Act leasing mandate is unrightfully prioritized over these bedrock environmental laws and a long-standing international agreement.
On the 50th Anniversary of the Endangered Species Act, it’s time for us to speak up for these struggling bears and use the law to protect them. We should elevate their status from “threatened” to “endangered.” Polar bears are as awesome as the American condor and as magnificent as the humpback whale. They are loved by children all over the world and featured in stories and movies. Companies have used them in flashy animated ads.
Polar bears have the right to survive. Their plight is as clear as melting ice. The least we can do is protect the sensitive region where they give birth in the Arctic refuge and do everything we can to lower our global emissions.
The administration cannot pretend to fight climate change until it’s willing to actually address its leasing problem.
Last week, the Biden Administration announced measures to protect the Arctic, including new rules for special areas within the National Petroleum Reserve-Alaska and the cancellation of the last remaining Trump-issued oil and gas leases in the Arctic National Wildlife Refuge. As these areas are notorious for receiving inadequate protections, this announcement is a solid first step. However, we need to see greater and swifter safeguards if President Joe Biden wants to demonstrate that he’s the climate president he’s made himself out to be.
The Arctic National Wildlife Refuge holds major significance for communities and wildlife, and an increasing number of companies are publicly committing to rejecting projects in the refuge. Due to widespread local and Indigenous support over the past few years, 20 insurance companies have introduced policies to protect the refuge from oil and gas drilling. In addition, 29 global financial institutions have also introduced protective drilling policies. The leases canceled by Biden should never have been issued in the first place, and last week’s action was long overdue.
Furthermore, the proposed regulations regarding oil and gas drilling in NPR-Alaska don’t go as far as they might seem. In reality, these rules only protect specific parts of the Western Arctic that have never been subject to leases from the fossil fuel industry. The rules don’t address threats associated with development on the million acres of public land already leased to ConocoPhillips and other oil companies. The carbon-bomb Willow Project, for instance, is located on this reserve.
In 2023, BLM data confirmed that the president issued more oil and gas lease sales in his first two years in office than the entirety of Donald Trump’s term. How can President Biden project himself as a climate president with this kind of record?
When the administration determined the Willow Project would become reality, many called on the president to stop the project. From TikTok to Instagram, millions of young people shared their concerns about the project–which is predicted will add about 260 million metric tons of carbon emissions into the atmosphere over the next 30 years, or the equivalent of an extra 2 million cars on the road per year. Yet, Biden’s Justice Department defended the Trump administration’s original approval of the project and eventually reapproved it in March 2023. Environmental groups across the spectrum, as well as the United Nations, were incredibly disappointed with the administration’s decision to move forward with the largest oil and gas extraction venture ever proposed on federal lands.
This announcement also doesn’t erase the Biden administration’s poor leasing record in the Gulf of Mexico and beyond. During the 2020 presidential race, Biden pledged to end drilling on federal lands. Yet, once in office, his administration delayed review of the fossil fuel leasing program for months, and the final report was surprisingly silent on the climate crisis. In the same month, over 80 million acres of land in the Gulf of Mexico were offered up for oil and gas drilling. The Inflation Reduction Act, often touted as an unprecedented climate bill, reinstated canceled offshore lease sales and tied offshore wind sales to more oil and gas leasing. By 2022, the Center for Biological Diversity reviewed data from the Bureau of Land Management (BLM) that confirmed the Biden administration issued more permits to drill on federal lands than Trump’s. In 2023, BLM data confirmed that the president issued more oil and gas lease sales in his first two years in office than the entirety of Donald Trump’s term. How can President Biden project himself as a climate president with this kind of record?
Environmental groups have worked diligently to hold him accountable from the beginning. In January 2022, groups filed a legal petition calling on the Biden administration to use its executive authority to phase out oil and gas production on public lands and waters. In June 2022, another suit was filed regarding nearly 120,000 acres of land that were offered up for sale in Wyoming. In January 2023, over 300 community groups sent a letter to the Department of the Interior, laying out nine steps that should be taken to preserve public lands and help the president meet his climate commitments. Unfortunately, most of these efforts have been met with either dismissal or silence.
Luckily, there are still concrete steps the Biden administration can take to right the ship. It must commit to phase out drilling on public lands and waters by 2035 and establish guardrails on the current leasing program. It must listen to calls from Indigenous and environmental groups to develop a stronger framework for public land management. It must stop current drilling projects and halt issuing any new drilling permits until there is a proper analysis of potential climate damage in affected regions. Finally, the Interior Department must release a Five-Year Program with no new leases.
The Biden administration cannot pretend to fight climate change until it’s willing to actually address its leasing problem. Fossil fuels cause global warming, and the president can’t continue to conveniently ignore this fact. Reducing oil production on public lands in the U.S. would lead to a global reduction in oil production. If Biden continues to ignore what’s right in front of him, our chances of a livable world will continue to shrink. It’s up to the administration to honor its commitment to end oil and gas leasing nationwide, as well as dismantle climate bomb projects like Willow so substantive, popular climate policies can see the light of day.
"Our sacred land is only temporarily safe from oil and gas development," said one First Nations leader, urging Congress and the White House to "permanently protect the Arctic Refuge."
Indigenous tribes and climate campaigners applauded the Biden administration's announcement Wednesday that it will cancel all existing oil and gas drilling leases in the Arctic National Wildlife Refuge in Alaska and ban drilling across 13 million acres of the National Petroleum Reserve, while hundreds of groups also called on the U.S. Interior Department to go further on fossil fuel leasing.
Biden's move in Alaska will reverse former Republican President Donald Trump's approval of a 2017 law that required leasing in the Arctic Refuge, the nation's largest area of pristine wilderness which is home to vulnerable species including polar bears, migratory birds, and caribou.
The Alaska Industrial Development and Export Authority (AIDEA) holds the last remaining leases in the refuge, after two other lessees canceled drilling plans. AIDEA's leases would have allowed it to drill in 365,000 acres in the Arctic Refuge's coastal plain.
The Biden administration conducted an environmental analysis of the lease sale which found "multiple legal deficiencies."
Jamie Williams, president of the Wilderness Society, said that following the Biden administration's announcement, "our climate is a bit safer and there is renewed hope for permanently protecting one of the last great wild landscapes in America" as Indigenous communities can continue to depend on the porcupine caribou herd, which uses the refuge as its calving ground.
"We are profoundly grateful to the Biden administration for taking this step to protect what the Gwich'in [First Nations people] know as Iizhik Gwats’an Gwandaii Goodlit—The Sacred Place Where Life Begins—and we call on Congress to repeal the Arctic Refuge oil and gas leasing provision in the 2017 Tax Cuts and Jobs Act and take action to permanently protect the coastal plain for future generations," said Williams.
Bernadette Dementieff, executive director of the Gwich'in Steering Committee, added that the tribe knows "that our sacred land is only temporarily safe from oil and gas development."
"AIDEA's leases were economically infeasible, unlawful, and threatened the porcupine caribou herd and the Gwich'in way of life. We thank the Biden administration and Secretary of Interior Deb Haaland for taking this step," said Dementieff. "We urge the administration and our leaders in Congress to repeal the oil and gas program and permanently protect the Arctic Refuge."
U.S. Sen. Ed Markey (D-Mass.) also said Congress should make the protections permanent.
The protections announced Wednesday will not stop the Willow oil drilling project that Biden approved in March, allowing ConocoPhillips to potentially extract more than 600 million barrels of crude oil over 30 years, leading to roughly 280 million metric tons of heat-trapping carbon dioxide emissions.
“The only way to meaningfully combat the climate crisis is by stopping new fossil fuel projects," said Wenonah Hauter, executive director of Food & Water Watch. "The Biden administration is right to stop these egregious drilling plans—and they must apply the same standard to all other oil drilling and fracking operations in the country."
"Today's action is a reminder that the White House has considerable authority to rein in fossil fuels," she added. "It's time for the president to act on those powers."
Earthjustice expressed hope that the announcement will be "the tip of the iceberg" for protections in Alaska.
The protections will also not stop the Biden administration from allowing drilling elsewhere, including in the National Outer Continental Shelf, where the Interior Department is expected to announce a five-year leasing plan this month which could include as many as 11 offshore oil and gas leases with the potential to emit up to 3.5 billion tons of carbon pollution.
Groups including Earthjustice, Defenders of Wildlife, and Oil Change International were among more than 200 groups that wrote to the Interior Department on Wednesday calling for the plan to include no new leases.
"Today's youth should not have to grow up in and inherit a world plagued by oil spills," wrote the groups. "We implore you, please end offshore drilling leasing in the Gulf of Mexico and all U.S. oceans, so we can start to undo the damage from decades of leaks and spills, protect our shores forever from a catastrophic oil spill, and enjoy a livable future."
Raena Garcia, a senior campaigner with Friends of the Earth, said Wednesday's announcements by the Interior Department, while laudable and important, do not wipe away the shortcomings of Biden's overall climate policy and "simply don't go far enough."
"Lease sales like those in the ANWR that were put forth by the Trump Administration should have never happened in the first place," said Garcia. "Small measures like the ones the Department of Interior put forward won't erase President Biden's incredibly disappointing climate record with respect to oil and gas leasing. If the Administration is truly committed to protecting our people and the planet, they will halt climate-destroying projects like Willow altogether."