Trump administration seeks Endangered Species Act exemption for oil, gas projects in Gulf
As the Trump administration wages war on Iran, it's citing national security to seek an exemption from the Endangered Species Act for expanded oil and gas drilling in the Gulf of Mexico — a move alarming environmental groups who say it could set a dangerous precedent for future fossil fuel projects.
Environmentalists argue the government hasn’t followed proper procedure and they're seeking to block the move before Interior Secretary Doug Burgum convenes the Endangered Species Committee on Tuesday. The committee, nicknamed the “God Squad” by groups who say it can determine the fate of a species, is comprised of six high-ranking federal officials plus a representative for states involved.
The administration’s exact plans for the Gulf aren’t clear, but experts say the administration must specify the military need that would endanger a specific species to make a case for the national security exemption. The environmental groups worry that a blanket exemption would open the way for the administration to proceed with oil and gas projects without regard for several species including the Rice's whale, of which only about 50 remain in the Gulf.
“There’s no imaginable justification to sacrifice them,” said Steve Mashuda, Earthjustice managing attorney for oceans. “It’s beyond reckless even to consider greenlighting the extinction of sea turtles, fish, whales, rays, and corals to further pad the oil industry’s pockets at the public’s expense.”
The Center for Biological Diversity sued last week to block the committee meeting, saying several requirements to hold such a meeting hadn't been met. Those include applying within 90 days of the completion of a biological opinion that declares a specific species' existence is being jeopardized. The organization also argues that the hearing must be public and an administrative law judge must preside.
The center's motion will be heard Friday by District of Columbia District Judge Rudolph Contreras, an Obama appointee who has ruled against the Trump administration in the past.
The committee was established in 1978 as a way to exempt projects from the Endangered Species Act, which makes it illegal to harm or kill species on a protected list if there is no alternative that would provide the same economic benefits in a region or if it's in the nation's best interest.
The committee has only convened three times in its 53-year history and issued only two exemptions. The first was in 1979 to allow construction on a dam on the Platte River in Wyoming, home to the whooping crane. It last met in 1992, allowing logging in northern spotted owl habitats in Oregon. That exemption request was later withdrawn.
When he returned to the White House in January, President Donald Trump called on the committee to meet quarterly as part of his agenda to clear the way for domestic energy development. But a meeting Tuesday would be the committee's first.
In a court filing Wednesday night, the U.S. Department of Justice declared that none of the law's requirements apply because Defense Secretary Pete Hegseth was invoking national security provisions.
In his request to Burgum for a committee meeting, Hegseth said he “found it necessary for reasons of national security to exempt from the (Endangered Species Act's) requirements all Gulf of America oil and gas exploration and development activities” overseen by federal agencies, according to the DOJ filing.
It claims the Center for Biological Diversity cannot sue ahead of any future actions the committee might take. The filing also says it will make relevant records public on Tuesday, and because the meeting will be livestreamed, that meets the requirement to host it publicly.
The Department of Defense did not immediately respond to a request for comment.
Experts said exemptions for something like national security were intended to be granted in rare and extreme emergencies.
“The Endangered Species Act is not stopping oil and gas development, period. It’s not. So why do you need an exemption?” said Patrick Parenteau, an emeritus professor at the Vermont Law and Graduate School who helped write criteria for the committee.
He said the administration is citing national security “just to basically say, we don’t want the Endangered Species Act interfering with fossil fuel development, and we’re going to take every action we can to ensure that that doesn’t happen.”
Experts also questioned how effective an exemption would be in addressing the oil shocks that have followed the U.S.-Iran war.
“I think this is mostly about messaging because drilling new offshore oil and gas wells takes years,” said Michael Gerrard, director of the Columbia University’s Sabin Center for Climate Change Law. “It’s not clear whether this will enable new wells to be drilled that haven’t yet been drilled. ... It's hard to imagine that this would address the Iranian crisis unless that one drags on for a long time.”
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Alexa St. John is an Associated Press climate reporter. Follow her on X: @alexa_stjohn. Reach her at ast.john@ap.org.
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