UPDATE: WSJ opinion here:
The most pernicious element in the polar bear melodrama is the way the law is being run off the rails, and even a duly elected White House can't seem to throw on the brakes. If Congress wants to enact global-warming legislation, then so be it – but the costs and benefits should be argued in the open. This fly-by-night policy making is not only unscientific. It's undemocratic.
ADDED: The quote in the title is copied from the article, but it is the Endangered Species Act, not the "Environmental Species Act." Considering the decision, the mistake is understandable.