Endangered Species Committee convenes to exempt Gulf energy projects from Endangered Species Act requirements

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.

View order

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.