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“Polar Bear Pushback” and

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Wednesday’s decision to list the polar bear as a “threatened species” under the federal Endangered Species Act will create enormous burdens on many industries, but especially coal and oil production, shipping and large infrastructure projects like highway construction. My new column outlines the best legal strategy for pushing back against the listing’s burdens.

The listing decision combines with the California Supreme Court’s diktat on same sex marriage to mark the worst week in the legal world for conservatives in a very long time. The opportunity to rebuke the California Supreme Court will be on November’s ballot in the Golden State –see— but the burdens of the polar bear decision will be with us for years to come unless the impacted industries push back hard and immediately.


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