to save the species

New endangered listing for rare lizard could slow oil and gas drilling in Texas, New Mexico

The lizard already is “functionally extinct” across 47 percent of its range. Photo via Getty Images

Federal wildlife officials declared a rare lizard in southeastern New Mexico and West Texas an endangered species Friday, citing future energy development, sand mining and climate change as the biggest threats to its survival in one of the world’s most lucrative oil and natural gas basins.

“We have determined that the dunes sagebrush lizard is in danger of extinction throughout all of its range,” the U.S. Fish and Wildlife Service said. It concluded that the lizard already is “functionally extinct” across 47 percent of its range.

Much of the the 2.5-inch-long (6.5-centimeter), spiny, light brown lizard's remaining habitat has been fragmented, preventing the species from finding mates beyond those already living close by, according to biologists.

“Even if there were no further expansion of the oil and gas or sand mining industry, the existing footprint of these operations will continue to negatively affect the dunes sagebrush lizard into the future,” the service said in its final determination, published in the Federal Register.

The decision caps two decades of legal and regulatory skirmishes between the U.S. government, conservationists and the oil and gas industry. Environmentalists cheered the move, while industry leaders condemned it as a threat to future production of the fossil fuels.

The decision provides a “lifeline for survival” for a unique species whose “only fault has been occupying a habitat that the fossil fuel industry has been wanting to claw away from it,” said Bryan Bird, the Southwest director for Defenders of Wildlife.

“The dunes sagebrush lizard spent far too long languishing in a Pandora’s box of political and administrative back and forth even as its population was in free-fall towards extinction,” Bird said in a statement.

The Permian Basin Petroleum Association and the New Mexico Oil & Gas Association expressed disappointment, saying the determination flies in the face of available science and ignores longstanding state-sponsored conservation efforts across hundreds of thousands of acres and commitment of millions of dollars in both states.

“This listing will bring no additional benefit for the species and its habitat, yet could be detrimental to those living and working in the region,” PBPA President Ben Shepperd and NMOGA President and CEO Missi Currier said in a joint statement, adding that they view it as a federal overreach that can harm communities.

Scientists say the lizards are found only in the Permian Basin, the second-smallest range of any North American lizard. The reptiles live in sand dunes and among shinnery oak, where they feed on insects and spiders and burrow into the sand for protection from extreme temperatures.

Environmentalists first petitioned for the species' protection in 2002, and in 2010 federal officials found that it was warranted. That prompted an outcry from some members of Congress and communities that rely on oil and gas development for jobs and tax revenue.

Several Republican lawmakers sent a letter to officials in the Obama administration asking to delay a final decision, and in 2012, federal officials decided against listing the dunes sagebrush lizard.

Then-U.S. Interior Secretary Ken Salazar said at the time that the decision was based on the “best available science” and because of voluntary conservation agreements in place in New Mexico and Texas.

The Fish and Wildlife Service said in Friday's decision that such agreements “have provided, and continue to provide, many conservation benefits” for the lizard, but “based on the information we reviewed in our assessment, we conclude that the risk of extinction for the dunes sagebrush lizard is high despite these efforts.”

Among other things, the network of roads will continue to restrict movement and facilitate direct mortality of dunes sagebrush lizards from traffic, it added, while industrial development “will continue to have edge effects on surrounding habitat and weaken the structure of the sand dune formations.”

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A View From HETI

TotalEnergies has agreed not to develop new offshore wind projects in the U.S. Photo via Unsplash

The Trump administration’s $1 billion payout to TotalEnergies to walk away from U.S. offshore wind development is a novel tactic against the industry that supporters see as creative — but opponents see as foolish and extreme.

The Interior Department announced March 23 that TotalEnergies agreed to what is essentially a refund of its leases for projects off the coasts of North Carolina and New York, and will invest the money in a liquefied natural gas export terminal in Texas and other fossil fuel projects instead. The department hailed it as an “innovative agreement” with the French energy giant so that the "American people will no longer pay for ideological subsidies that benefited only the unreliable and costly offshore wind industry.”

The tactical shift comes after federal courts have thwarted President Donald Trump's efforts to stop offshore wind through executive action.

U.S. Sen. Chuck Schumer, a New York Democrat, told The Associated Press that the payment “sets a dangerous precedent and is a shortsighted misuse of taxpayer dollars.”

Robin Shaffer, president of the anti-offshore wind group Protect Our Coast New Jersey, applauded what he called “out of the box” thinking. Shaffer said after losing in the courts, the administration needed a way to take back leases that never should have been issued because of the harm offshore wind development causes to the marine environment.

“The Trump administration has been relentlessly creative in its efforts to stop offshore wind development in the U.S.," he said.

While the Republican president has been particularly hostile to offshore wind, he has also blocked dozens of clean energy projects and canceled billions of dollars in grants to promote clean energy, which he derides as the “Green New Scam.” This comes at a time when the U.S. is trying to boost power supplies in an artificial intelligence race against China and keep electricity bills from rising even higher.

The Iran war has also dealt a massive energy shock to the global economy by choking off most exports of crude oil and liquefied natural gas through the Strait of Hormuz.

A vow to stop offshore wind

On the campaign trail, Trump vowed to end the offshore wind industry as soon as he returned to the White House. Trump said wind turbines are horrible and expensive and pose a threat to birds and other wildlife.

Connecticut is getting power from Revolution Wind, an offshore wind project, and estimates it will lower wholesale energy costs for the state. The National Audubon Society, which is dedicated to the conservation of birds, has said climate change is a greater threat to birds.

Trump has long opposed offshore wind energy. In 2015, he lost his yearslong battle to stop an offshore wind farm near Aberdeen in eastern Scotland when Britain’s Supreme Court unanimously ruled against him. Trump claimed the 11 turbines would spoil the view from his golf course.

He wants to boost production of oil, natural gas and coal, which cause climate change, because he argues that doing so would give the U.S. the lowest-cost energy and electricity of any nation in the world.

His first day back in office, he acted on his campaign promise, signing an executive order temporarily halting offshore wind lease sales in federal waters and pausing permitting for all wind projects.

The deal comes after the administration is thwarted by the courts

U.S. District Judge Patti Saris vacated Trump’s executive order blocking wind energy projects on Dec. 8, declaring it unlawful as she sided with state attorneys general from 17 states and Washington, D.C., who challenged the order. The administration is appealing.

Two weeks later, the administration ordered that construction stop on five major East Coast offshore wind projects, citing national security concerns. Developers and states sued, and federal judges allowed all five to resume construction, essentially concluding that the government didn't show that the national security risk was so imminent that construction must halt.

TotalEnergies wasn't one of those; it had already paused its two projects soon after Trump was elected. And the company has now pledged not to develop any new offshore wind projects in the United States. CEO Patrick Pouyanné said the refunded lease fees will finance the construction of a liquefied natural gas plant in Texas and the development of its oil and gas activities, calling it a “more efficient use of capital” in the U.S.

Kit Kennedy, who directs the power division at the Natural Resources Defense Council, said the proposed payment to TotalEnergies was a “boondoggle” that “transfers nearly $1 billion from American taxpayers to a foreign corporation and the oil and gas industry.”

Why is the U.S. using taxpayer dollars “to not develop power when we need energy?” she asked, calling the Trump administration deal a “scam” and harmful to the U.S. economy and environment.

Carl Tobias, a University of Richmond Law School professor who has been following the lawsuits, called it “unorthodox.”

Democrats criticize stopping offshore wind when energy prices are spiking

As crude oil and gasoline prices surge, Democrats in Virginia said the U.S. should be strengthening its energy independence and resilience. Virginia started receiving power on March 23 from an offshore wind project targeted by Trump.

“Giving an energy company $1 billion of taxpayer money to pack up its jobs and invest elsewhere — in the middle of an unpopular and unwise war that is spiking energy costs — is beyond idiotic,” U.S. Sen. Tim Kaine said in a statement to AP.

U.S. Rep. Chellie Pingree, a Maine Democrat, questioned whether the payout is legal under appropriations law and said she would question Interior Secretary Doug Burgum about it at the upcoming budget hearings.

Dozens of commercial leases issued by the Bureau of Ocean Energy Management remain active for wind energy development in the U.S.

Abigail Dillen, president of Earthjustice, said she wouldn't attempt to guess whether the Trump administration will pay to stop any others, but clearly it is willing to go to extreme measures.

“Will they do this again? Maybe,” she said.

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