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

to save the species

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.”

The Sea Port Oil Terminal being developed off Freeport, Texas, will be able to load two supertankers at once, with an export capacity of 2 million barrels of crude oil per day. Photo via Getty Images

Houston company's $1.8B project off Texas coast gets Biden administration amid environmental protests

big oil

In a move that environmentalists called a betrayal, the Biden administration has approved the construction of a deepwater oil export terminal off the Texas coast that would be the largest of its kind in the United States.

The Sea Port Oil Terminal being developed off Freeport, Texas, will be able to load two supertankers at once, with an export capacity of 2 million barrels of crude oil per day. The $1.8 billion project by Houston-based Enterprise Products Partners received a deepwater port license from the Department of Transportation's Maritime Administration this week, the final step in a five-year federal review.

Environmentalists denounced the license approval, saying it contradicted President Joe Biden's climate agenda and would lead to “disastrous” planet-warming greenhouse gas emissions, equivalent to nearly 90 coal-fired power plants. The action could jeopardize Biden's support from environmental allies and young voters already disenchanted by the Democratic administration's approval last year of the massive Willow oil project in Alaska.

“Nothing about this project is in alignment with President Biden’s climate and environmental justice goals,'' said Kelsey Crane, senior policy advocate at Earthworks, an environmental group that has long opposed the export terminal.

“The communities that will be impacted by (the oil terminal) have once again been ignored and will be forced to live with the threat of more oil spills, explosions and pollution,'' Crane said. "The best way to protect the public and the climate from the harms of oil is to keep it in the ground.”

In a statement after the license was approved, the Maritime Administration said the project meets a number of congressionally mandated requirements, including extensive environmental reviews and a federal determination that the port's operation is in the national interest.

“While the Biden-Harris administration is accelerating America’s transition to a clean energy future, action is also being taken to manage the transition in the near term,'' said the agency, which is nicknamed MARAD.

The administration's multiyear review included consultation with at least 20 federal, state and local agencies, MARAD said. The agency ultimately determined that the project would have no significant effect on the production or consumption of U.S. crude oil.

“Although the (greenhouse gas) emissions associated with the upstream production and downstream end use of the crude oil to be exported from the project may represent a significant amount of GHG emissions, these emissions largely already occur as part of the U.S. crude oil supply chain,'' the agency said in an email to The Associated Press. “Therefore, the project itself is likely to have minimal effect on the current GHG emissions associated with the overall U.S. crude oil supply chain.''

Environmental groups scoffed at that claim.

“The Biden administration must stop flip-flopping on fossil fuels,'' said Cassidy DiPaola of Fossil Free Media, a nonprofit group that opposes the use of fossil fuels such as oil, coal and natural gas.

“Approving the Sea Port Oil Terminal after pausing LNG exports is not just bad news for our climate, it’s incoherent politics,'' DiPaola said. Biden “can’t claim to be a climate leader one day and then turn around and grant a massive handout to the oil industry the next. It’s time for President Biden to listen to the overwhelming majority of voters who want to see a shift away from fossil fuels, not a doubling down on dirty and deadly energy projects.''

DiPaola was referring to the administration's January announcement that it is delaying consideration of new natural gas export terminals in the United States, even as gas shipments to Europe and Asia have soared since Russia invaded Ukraine.

The decision, announced at the start of the 2024 presidential election year, aligned the Democratic president with environmentalists who fear the huge increase in exports of liquefied natural gas, or LNG, is locking in potentially catastrophic planet-warming emissions even as Biden has pledged to cut climate pollution in half by 2030.

Industry groups and Republicans have condemned the pause, saying LNG exports stabilize global energy markets, support thousands of American jobs and reduce global greenhouse emissions by transitioning countries away from coal, a far dirtier fossil fuel.

Enterprise CEO Jim Teague hailed the oil project's approval. The terminal will provide “a more environmentally friendly, safe, efficient and cost-effective way to deliver crude oil to global markets,'' he said in a statement.

The project will include two pipelines to carry crude from shore to the deepwater port, reducing the need for ship-to-ship transfers of oil. The terminal is expected to begin operations by 2027.

Since the project was first submitted for federal review in 2019, “Enterprise has worked diligently with various federal, state and local authorities, and participated in multiple public meetings that have allowed individuals and stakeholder groups to learn about the project and provide their comments,'' including some studies that have been translated into Spanish and Vietnamese, the company said in a statement. More than half of Freeport's 10,600 residents are Hispanic, according to the U.S. Census Bureau.

Sen. Ted Cruz, R-Texas, hailed the license approval as “a major victory for Texas’s energy industry" and said the Biden administration had delayed the Sea Port terminal and other projects for years.

“After tireless work by my office and many others to secure this deepwater port license, I’m thrilled that we’re helping bring more jobs to Texas and greater energy security to America and our allies,'' Cruz said in a statement. “That this victory was delayed by years of needless bureaucratic dithering shows why we need broader permitting reform in this country.''

The oil export facility, one of several license applications under federal review, is located 30 miles offshore of Brazoria County, Texas, in the Gulf of Mexico.

The license approval followed a ruling by the Fifth Circuit Court of Appeals last week dismissing claims by environmental groups that federal agencies had failed to uphold federal environmental laws in their review of the project.

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Enbridge's new Texas solar project to power Meta data centers

solar deal

Construction is underway on a new 600-megawatt solar project in Texas that will supply renewable energy to Meta Platforms Inc., the owner of Facebook, Instagram and other tech platforms.

Calgary-based Enbridge Inc., whose gas transmission and midstream operations are based in Houston, announced that Meta has agreed to purchase 100 percent of the power generated by its new $900 million solar project known as Clear Fork.

The clean energy developed at Clear Fork will be used to support Meta’s data center operations, according to a news release from Enbridge. Meta has had net-zero emissions across its operational portfolio since 2020, according to its 2024 environmental report. The company matches 100 percent of its data center usage with renewable energy.

"We are thrilled to partner with Enbridge to bring new renewable energy to Texas and help support our operations with 100% clean energy, " Urvi Parekh, Head of Global Energy at Meta, said in a news release.

The Clear Fork project is expected to be operational by the summer of 2027. It will join Enbridge’s first solar power project in Texas, Orange Grove, which was activated earlier this year, as well as the company’s Sequoia solar project, which is scheduled to go online in early 2026.

"Clear Fork demonstrates the growing demand for renewable power across North America from blue-chip companies who are involved in technology and data center operations," Matthew Akman, executive vice president of corporate strategy and president of power at Enbridge, said in the news release. "Enbridge continues to advance its world-class renewables development portfolio using our financial strength, supply chain reach and construction expertise under a low-risk commercial model that delivers strong competitive returns."

Energy experts: Executive order enhances federal permitting for AI data centers

Guest column

In an effort to accelerate the development of artificial intelligence, President Trump signed an executive order (EO) aimed at expediting the federal permitting process for data centers, particularly those supporting AI inference, training, simulation, or synthetic data generation.

Following the White House’s issuance of a broader AI Action Plan, the EO seeks to streamline regulatory burdens and utilize federal resources to encourage the development of data centers supporting AI, as well as the physical components and energy infrastructure needed to construct and provide power to these data centers.

Qualifying Projects

The EO directs several federal agencies to take actions to incentivize the development of “Qualifying Projects,” which the EO defines as “Data Centers” and “Covered Component Projects.” The EO defines “Data Center Projects” as facilities that require over 100 megawatts (MW) of new load dedicated to AI inference, training, simulation, or synthetic data generation. The EO defines Covered Component Projects as materials, products, and infrastructure that are required to build Data Center Projects or upon which Data Center Projects depend, including energy infrastructure projects like transmission lines and substations, dispatchable base load energy sources like natural gas, geothermal, and nuclear used principally to power Data Center Projects, and semiconductors and related equipment. For eligibility as a Qualifying Project, the project sponsor must commit at least $500 million in capital expenditures. Data Center Projects and Covered Component Projects may also meet the definition of Qualifying Project if they protect national security or are otherwise designated as Qualifying Projects by the Secretary of Defense, Secretary of the Interior, Secretary of Commerce, or Secretary of Energy.

Streamlining Permitting of Qualifying Projects

The EO outlines the following strategies aimed at improving the efficiency of environmental reviews and permitting for Qualifying Projects:

NEPA Applicability: The Council on Environmental Quality (CEQ), in coordination with relevant agencies, is directed to utilize existing and new categorical exclusions under the National Environmental Policy Act (NEPA) to cover actions related to Qualifying Projects, which “normally do not have a significant effect on the human environment.” The EO states that where federal financial assistance represents less than 50 percent of total project costs of a Qualifying Project, the Project shall be presumed not to be a “major Federal action” requiring NEPA review.
FAST-41: The Executive Director of the Federal Permitting Improvement Steering Council (FPISC) is empowered to designate a Qualifying Project as a “transparency project” under the Fixing America’s Surface Transportation Act (FAST-41) and expedite its transition from a transparency project to a “covered project” under FAST-41. FPISC is directed to consider all available options to designate a Qualifying Project as a FAST-41 covered project, even where the Qualifying Project may not be eligible.
EPA Permitting: The US Environmental Protection Agency (EPA) is directed to modify applicable regulations under several environmental protection statutes impacting the development of Qualifying Projects on federal and non-federal lands. EPA is also directed to develop guidance to expedite environmental reviews for identification and reuse of Brownfield and Superfund Sites suitable for Qualifying Projects. Importantly, state environmental permitting agencies are not subject to the EO.
Corps Permitting: The US Army Corps of Engineers is directed to review the nationwide permits issued under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 to determine whether an activity-specific nationwide permit is needed to facilitate the efficient permitting of activities related to Qualifying Projects.
Interior Permitting: The US Department of the Interior is directed to consult with the US Department of Commerce regarding the streamlining of Endangered Species Act consultations for Qualifying Projects, and to work with the US Department of Energy to identify federal lands that may be available for use by Qualifying Projects and offer appropriate authorizations to project sponsors.

Federal Incentives for Qualifying Projects

The EO also directs the US Secretary of Commerce to “launch an initiative to provide financial support for Qualifying Projects,” which may include loans, grants, tax incentives, and offtake agreements. The EO further directs all “relevant agencies” to identify and submit to the White House Office of Office of Science and Technology Policy any relevant existing financial support that can be used to assist Qualifying Projects, consistent with the protection of national security.

The EO reinforces the Trump administration’s focus on AI and creates new opportunities for both AI data center developers and energy infrastructure companies providing power or project components to these data centers. Proactive engagement with relevant agencies will be crucial for capitalizing on the opportunities created by this EO and the broader AI Action Plan. By leveraging these financial and environmental incentives, project developers may be able to shorten permitting timelines, reduce costs, and take advantage of federal financial support.

---

Jason B. Hutt, Taylor M. Stuart and Anouk Nouet are lawyers at Bracewell. Hutt is chair of the firm’s environment, lands and resources department. Stuart counsels energy, infrastructure, and industrial clients on matters involving environmental and natural resources law and policy. Nouet advises clients on litigation, enforcement and project development matters with a focus on complex environmental and natural resources law and policy.

Houston clean-chemicals startup Solidec raises $2M to scale tech

fresh funding

Solidec, a Houston startup that specializes in manufacturing “clean” chemicals, has raised more than $2 million in pre-seed funding.

Houston-based New Climate Ventures led the oversubscribed pre-seed round, with participation from Plug and Play Ventures, Ecosphere Ventures, the Collaborative Fund, Safar Partners, Echo River Capital and Semilla Climate Capital, among other investors.

Solidec’s approach to chemical manufacturing replaces centralized infrastructure with modular on-site production using only air, water and electricity. Solidec’s platform is powered by modular reactors capable of producing widely used chemicals such as hydrogen peroxide, formic acid, acetic acid and ethylene.

“We’ve known the Solidec team for almost two years and have developed a high degree of conviction in the team, their technology, and their go-to-market strategy,” Eric Rubenstein, managing partner at New Climate Ventures, said in a news release. “We’re particularly excited about Solidec’s ability to produce many different widely used chemicals. It gives them critical flexibility to expand and serve a broad customer base.”

Solidec is initially focusing on hydrogen peroxide.

“Traditionally, hydrogen peroxide is produced in centralized, energy-intensive facilities using carbon-intensive inputs, then transported long distances, resulting in a significant carbon footprint,” Ryan DuChanois, co-founder and CEO of Solidec, said in the release. “Solidec’s modular reactor produces clean chemicals like hydrogen peroxide on-site, in fewer steps, and with less energy, slashing emissions, supply-chain risk, and cost.”

Solidec said its technology “is poised to disrupt the multibillion-dollar commodity and chemical industries.” The company has already signed up several customers.

The startup, a Rice University spinout, is a graduate of the Chevron Catalyst Program and a member of Greentown Labs Houston. It was cofounded by DuChanois, Haotian Wang and Yang Xia.

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