Polar bears are not the fragile, vulnerable creatures of liberal iconography. They have thrived in the Arctic for thousands of years, both through periods when their sea-ice habitat was smaller, and larger, than it is now. They will continue to adapt – and the Endangered Species Act can't make the slightest difference.

Such realities haven't prevented green showboaters from claiming victory after the Bush Administration designated the polar bear as a "threatened" species yesterday. And it is a kind of victory, though the ruling itself is mostly symbolic – at least for now. However, this is really the triumph of bad legislation over the democratic process.

Although two polar bear subpopulations (Western Hudson Bay and Southern Beaufort Sea) no longer appear to be viable due to reduction in sea ice habitat, polar bears as a species do not appear to be threatened by extinction in the foreseeable future from either a demographic or an ecological perspective.

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Current and historical polar bear subpopulation performance demonstrates that viable polar bear subpopulations have persisted and generally increased throughout the current period of climate warming ...

The popular notion that polar bears are declining or already expatriated worldwide has been initiated and perpetuated by environmental organizations and individuals who apparently believe that current subpopulation numbers and trends are an insufficient basis for an appropriate status determination. ... Anecdotal information, although useful and interesting, is not equivalent to scientific information based on valid statistical analysis of sample data.

The greatest danger is that this ruling will be distorted by the courts, where it is inevitably headed. On the other hand, not listing the polar bear would have proceeded to litigation too, with potentially worse consequences. Climate-change lawsuits have already deformed the Clean Air Act, the National Environmental Policy Act and others.