In in Re Polar Bear Endangered Species Act Listing, the Listing

question 190

Multiple Choice

In In re Polar Bear Endangered Species Act Listing, the listing of the polar bear as a threatened specie was challenged. It is not endangered today but could be in the future. The listing by the Fish and Wildlife Service (FWS) was attacked as arbitrary and capricious. The appeals court held that:

• A) courts may not review decisions of the FWS regarding such listings
• B) the listing was proper as FWS explalined its rationale sufficiently
• C) the listing was improper because the FWS failed to show that its survival was in danger unless very strange assumptions were made
• D) the listing was arbitrary and capricious as the FWS failed to justify its decision based on scientific evidence
• E) none of the other choices