"God Squad" Exempts Gulf Oil & Gas from ESA Protections, Citing National Security
A federal panel, known as the Endangered Species Committee and commonly referred to as the "God Squad," has voted to exempt oil and gas activities in the Gulf of Mexico from specific protections under the Endangered Species Act (ESA). The unanimous decision, rendered after a brief meeting on a Tuesday, cited national security concerns, marking the first time such an exemption has been granted on this basis. The move impacts various marine species, including the critically endangered Rice's whale, which is exclusive to the Gulf of Mexico.
The committee's unanimous decision to override certain provisions of the Endangered Species Act (ESA) marks the first instance of an exemption being granted based on national security considerations.
The Endangered Species Committee's Decision
On Tuesday, the Endangered Species Committee convened and voted unanimously to grant an exemption for oil and gas operations in the Gulf of Mexico. The meeting, which lasted approximately 15 minutes, concluded with the committee's decision to override certain provisions of the Endangered Species Act (ESA). This marked the first instance of the committee granting an exemption based on national security considerations.
Defense Secretary Pete Hegseth had initiated the meeting, asserting that ESA protections for Gulf species, including Rice's whales, could potentially limit oil production. He stated that this production is crucial for military power and national defense. The Gulf of Mexico contributes approximately 15 percent of the country's crude oil output. Interior Secretary Doug Burgum suggested that hindering domestic energy production might lead to a shift in fossil fuel production to countries with less stringent environmental and safety standards.
Background of the Committee
The Endangered Species Committee, a seven-member panel established in 1978, includes the Interior Secretary, five other federal officials, and a shared vote for affected states. It has the authority to approve federal projects or grant exemptions from ESA protections, even if they pose a risk to endangered species, if a cost-benefit analysis concludes the project serves national or regional economic benefits or national security. Five votes are required for an exemption to be granted.
Historically, the committee has met only three times in the past 50 years, with only two prior exemptions issued, one of which was later withdrawn due to legal challenges. The meeting for this exemption was scheduled for March 31 and streamed online by the Interior Department.
Legal and Procedural Context
The Trump administration's request for the exemption followed an executive order issued after a previous presidential inauguration, which mentioned a "national energy emergency" as grounds for potentially decreasing legal protections for animals and indicated the Interior Department should convene the committee more frequently.
The Center for Biological Diversity filed a lawsuit against U.S. Interior Secretary Doug Burgum on March 18, alleging legal violations in the process of calling the meeting. A federal judge subsequently declined to delay the scheduled committee meeting. The Trump administration's response indicated that Defense Secretary Hegseth requested the meeting based on a provision in the Endangered Species Act that allows for an exemption if the Secretary of Defense deems it necessary for national security.
Species at Risk
The decision impacts various endangered and threatened marine species in the Gulf of Mexico, with particular focus on the Rice's whale.
Rice's Whale
- Critically Endangered: This marine mammal is critically endangered and found exclusively in the Gulf of Mexico, with an estimated population of approximately 51 individuals.
- Discovery and Listing: Identified as a distinct species in 2021, it was listed as endangered under the ESA in 2019.
- Habitat and Behavior: The species inhabits a specific area in the northeastern Gulf at depths of 100 to 400 meters, feeding on fatty fish by diving to the seafloor during the day and resting near the surface at night, increasing its vulnerability to vessel strikes.
- Impact of Deepwater Horizon: The 2010 Deepwater Horizon oil spill covered about half of the Rice's whale habitat and is believed to have contributed to a population decline of up to 22 percent.
- Threats: Primary threats include vessel strikes, noise from exploration, and oil spills.
Other Species
Other endangered or threatened species in the Gulf of Mexico include:
- Sperm whales
- West Indian manatee
- Several sea turtle species (including Kemp's Ridley and loggerheads)
- Whooping cranes
- Various seabirds
- Endangered corals
Industry Practices and Mitigation Measures
The National Oceanic and Atmospheric Administration (NOAA) had previously recommended measures for oil and gas companies to protect Gulf species, such as reducing boat speeds near habitats and maintaining safe distances from whales. Environmental groups have noted that ESA regulations do not prohibit drilling but mandate mitigation measures, such as reducing shipping traffic in whale habitats.
While some energy companies have developed technologies that use less energy for seismic surveys, reducing underwater noise and affecting smaller areas, an NPR review found that most approved seismic survey projects planned through 2023 intended to use conventional airgun systems. Conservation groups contend that the Endangered Species Act was not designed to grant exemptions when industry can adopt measures to prevent harm. Energy companies, including Chevron, ExxonMobil, and Occidental Petroleum, have collectively spent over $8 million on lobbying efforts concerning the Endangered Species Act, permitting reform, and Rice's whales since October.
Criticisms
Andrew Wetzler of the Natural Resources Defense Council criticized the decision, stating that it could lead to the extinction of endangered species in the Gulf. The Interior Department has faced criticism for prioritizing certain fossil fuel projects.