Bloomberg Law
Feb. 7, 2023, 9:18 PM

Fed Limits on Incidental Polar Bear Harm Were Lawful, Judge Says

Samantha Hawkins
Samantha Hawkins
Legal Reporter

A federal court should rule that the US Fish and Wildlife Service lawfully authorized the “incidental take” of Southern Beaufort Sea polar bears due to oil and gas activities, a magistrate judge recommended.

The incidental take regulation was reasonable and supported by relevant evidence and precedent, Magistrate Judge Kyle F. Reardon of the US District Court for the District of Alaska found in his Monday report and recommendation.

Alaska Wildlife Alliance and other conservation groups sued the service, alleging that the authorization of incidental take of threatened polar bears and Pacific walruses from oil and gas activities in the Beaufort ...