Governor Sarah Palin announced on Wednesday that the state of Alaska intends to file suit in U.S. District Court to challenge U.S. Interior Secretary Dirk Kempthorne's decision to list the polar bear as a threatened species under the Endangered Species Act.

"We appreciate the Secretary's recognition that oil and gas activities are already regulated under the Marine Mammal Protection Act to prevent impacts to the polar bear and do not pose a threat to the polar bear," Governor Palin said.

Comments had already been submitted to Kempthorne by the state that suggest that evidence is still lacking at this time to support a listing of the polar bear as threatened for any reason. According to the press release issued by the Governor's office, "Polar bears are currently well-managed and have dramatically increased over 30 years as a result of conservation measures enacted through international agreements and the Marine Mammal Protection Act." The release goes on to say that an ESA listing will not provide additional conservation measures.

Under the provisions of the Administrative Procedure Act (APA), the state's Attorney General's office will draft and file a complaint. According to Alaska's Attorney General the decision is so arbitrary it violates the limits of the APA. A 60-day notice of intent to sue under the ESA will also be drafted by the Attorney General's office. As stated in the press release, "This action is based on the Secretary's failure to make a decision based solely on the best available scientific and commercial information. It is also based on the Secretary's unwarranted expansion of the "foreseeable future" into periods where detailed forecasts of climate change are not possible." To bring an action directly under the ESA a 60-day notice is a legal prerequisite.

"While climate change is a significant issue, the Endangered Species Act is not the right tool to address impacts to a species from climate change," Attorney General Talis Colberg said.

The press release also makes note of ongoing litigation related to the polar bear listing in the Norther District of California, and if deemed necessary the state will intervene in those proceedings to prevent the case from addressing "substantive rather than just procedural issues."

"While the state is challenging the listing, we remain committed to assuring Alaska's polar bears are conserved," Governor Palin said. "The state will continue to monitor Alaska's polar bear populations and their behaviors in relation to changing sea ice conditions."