Gulf fossil fuel operations granted exemption from Endangered Species Act protection

In this Aug. 8, 2020, file photo, an offshore petroleum drilling rig is shown in the Gulf of Mexico. (UIG via Getty Images, FILE)

(WASHINGTON) — A federal committee, comprised of senior Trump administration officials, voted unanimously to grant an exemption under the Endangered Species Act for oil and gas operations in the Gulf, citing national security concerns.

Environmental groups criticized the decision, warning that it could significantly jeopardize the conservation of dozens of threatened and endangered species in the region, including whales, sea turtles, whooping cranes and manatees.

The Endangered Species Committee convened Tuesday after Defense Secretary Pete Hegseth issued a national security finding that triggered the exemption process.

Under the Endangered Species Act, the Endangered Species Committee can grant rare exemptions when a federal action is of national or regional significance and the benefits of proceeding clearly outweigh the benefits of alternatives that would conserve the species. Economic, security and other public-interest factors can be considered alongside conservation mandates, though exemptions are rarely used.

“At the request of the Department of War, the Endangered Species Committee convened today to consider a national security exemption under the Endangered Species Act with respect to oil and gas activities in the Gulf of America,” the National Oceanic and Atmospheric Administration (NOAA) said in a statement to ABC News. 

“The Committee voted in favor of the national security exemption, acknowledging the critical risks involved in restricting oil and gas activities in the Gulf of America, and also recognizing that the action encompassed protective measures for endangered species.”

Officials emphasized that sustained oil and gas production in the region is essential to U.S. national security and economic stability, and cautioned that critical energy operations should not be jeopardized by the threat of disruptive litigation.

The committee, created in 1978, is very rarely convened due to the strict, narrow standards for its implementation. It has not met in more than 30 years, and this is the first time a national security justification has been used to convene the committee.

The Endangered Species Committee, composed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of the Army, the chairman of the Council of Economic Advisers, the administrator of the Environmental Protection Agency and the administrator of the National Oceanic and Atmospheric Administration, was fully present and voted unanimously in favor of granting the exemption.

“This meeting made clear that energy streams in the Gulf of America must not be disrupted or held hostage by ongoing litigation,” said Secretary Burgum. “Energy production in the Gulf of America is indispensable to our nation’s strength, safeguarding our energy independence and preventing reliance on foreign adversaries. Robust development in the Gulf keeps our economy resilient, stabilizes costs for American families and secures the U.S. as a global leader for decades to come.”

On March 13, Defense Secretary Pete Hegseth notified Interior Secretary Doug Burgum, chair of the Endangered Species Committee, that a national security exemption under Section 7(j) of the Endangered Species Act, was necessary, prompting Secretary Burgum to publish a notice of the meeting in the Federal Register.

The meeting began with the defense secretary addressing the committee, stressing the importance of a steady, affordable domestic energy supply, which is currently under threat. He thanked the committee members for convening to discuss what he called “a matter of urgent national security.”

 

“This is not just about gas prices. It’s about our ability to power our military and protect our nation. That vital energy supply right now is under threat,” Hegseth said. “In January, well before Operation Epic Fury, the Department of the Interior notified the Department of War about ongoing Endangered Species Act litigation that threatened to halt oil and gas production in the Gulf of America.”

According to Hegseth, the litigation seeks to stop Gulf oil and gas activities rather than allow them to proceed alongside responsible endangered species protections.

“These legal battles waste critical government resources and make it impossible for energy companies to plan and invest in new projects. When development in the Gulf is chilled, we are prevented from producing the energy we need as a country and as a department,” Hegseth added. “The Strait of Hormuz is the world’s busiest oil route and recent hostile action by the Iranian terror regime highlights yet again why robust domestic oil production is a national security imperative.”

However, environmental groups argue this is not what the authors of this landmark law intended.

The Center for Biological Diversity sued Secretary Burgum on March 18, attempting to block the committee meeting, saying the government missed legal requirements, including filing deadlines, providing ample public notice, and having an administrative law judge preside. Following the committee’s decision, the group announced it will amend its existing lawsuit to challenge the defense secretary’s national security determination and the exemption.

“Americans overwhelmingly oppose sacrificing endangered whales and other marine life so the fossil fuel industry can get richer. This has nothing to do with national security and everything to do with Trump and his lackeys kowtowing to Big Oil,” Brett Hartl, government affairs director at the Center for Biological Diversity, said in a statement.

Environmental groups are particularly concerned about the Rice’s whale, which, according to NOAA, is one of the rarest and most endangered whales in the world and is found only in the Gulf.

NOAA Fisheries, which manages protections for marine species under the Endangered Species Act, listed the Gulf of Mexico Bryde’s whale as endangered in 2019 and, in 2021, updated its name to Rice’s whale to reflect the newly accepted scientific taxonomy and nomenclature of the species.

According to the Marine Mammal Commission, the most recent population estimates show there are only 51 Rice’s whales remaining.

The Rice’s whale’s small population, limited range and low genetic diversity make it highly vulnerable to threats such as vessel strikes and oil spills. NOAA says the 2010 Deepwater Horizon spill exposed about 48 percent of its habitat in the eastern Gulf, likely causing a population decline of up to 22 percent and leaving lasting impacts on reproduction and growth.

The committee’s decision will not have any immediate effect, and lawsuits challenging the action could delay its implementation further. It could be several years before any future additional oil production tied to the decision is realized.

“The action could make it easier for applications to be granted for further oil and gas exploration and development in the Gulf; but it takes several years between the filing of an application and the production of the first barrel of oil,” said Michael Gerrard, a professor at Columbia Law School and the faculty director of the Sabin Center for Climate Change Law. ”No court has ordered oil and gas production to be shut down in the Gulf, and such an order seems very unlikely.”

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