Endangered Species Committee convenes to exempt Gulf energy projects from Endangered Species Act requirements
Author
Zeke Lee
Andrew Nober
Upcoming Events
Related News
Key Takeaways
On March 31, the Endangered Species Committee convened a meeting to discuss a national security exemption to Endangered Species Act (ESA) requirements for energy exploration and extraction projects in the Gulf. The Committee, which had only previously gathered 3 times since 1978, voted unanimously to grant the exemption.
What is the Endangered Species Committee?
Section 7 of the ESA grants the Endangered Species Committee – composed of the Secretaries of the Interior, Agriculture and Army and other high-ranking administration officials – the power to consider exemptions to ESA requirements under extenuating circumstances. Although the Committee is granted substantial power to determine whether a species receives endangered- or threatened-status protection, it had previously met only 3 times since the ESA’s enactment.
The Committee convened at the request of the Secretary of War, who determined that a national security exemption was necessary for restrictions on offshore oil and gas development on the Gulf Outer Continental Shelf. At the meeting, the Committee voted unanimously to approve the exemption and issued an order rescinding ESA restrictions for the affected energy projects. Under statute, the Committee must grant exemptions for actions that are necessary for national security if requested by the Secretary of War.
Offshore endangered species management is overseen by the National Marine Fisheries Service consultation with the U.S. Fish and Wildlife Service, and the order overrides regulations put forth by both agencies. As part of the National Endangered Species Act Reform Coalition, NACo has advocated for reforms to the ESA that would incorporate community impacts into listing decisions and set clear recovery targets for species.
Related News
U.S. Representatives introduce bipartisan CERTAIN Act to uphold county participation and streamline federal permitting
On April 15, congressional leaders introduced the bipartisan Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act. Led by Reps. Scott Peters (D-Calif.), Gabe Evans (R-Colo.), Andrew Gabarino (R-N.Y.), Adam Gray (D-Calif.), Juan Ciscomani (R-Ariz.), Chrissy Houlahan (D-Pa.) and Jen Kiggans (R-Va.), the CERTAIN Act would strengthen county consultation and set actionable deadlines for federal environmental permitting processes.
U.S. Forest Service announces distribution of FY 2025 Secure Rural Schools funding
On Apr. 14, the U.S. Forest Service (USFS) announced the distribution of $230.6 million to counties through the Secure Rural Schools (SRS) program for fiscal year (FY) 2025. The funding will support essential local government services in more than 700 counties nationwide. The FY 2025 payments announced by USFS were authorized by the Secure Rural Schools Reauthorization Act of 2025 (P.L. 119-58).
U.S. Forest Service announces details of major reorganization
On March 31, the U.S. Forest Service (USFS) announced details of a major reorganization of the agency’s offices and management structure. The agency’s new structure comes amid a larger reorganization of the U.S. Department of Agriculture (USDA), which houses the Forest Service.
Advocacy
Congress examines reforms to endangered species management
On Mar. 18, the U.S. Senate Environment and Public Work held a hearing examining how to improve implementation of the Endangered Species Act (ESA). The hearing follows several legislative proposals to reform endangered species management that recently advanced in the U.S. House of Representatives.
