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Environmentalists say Trump's energy order would subvert Endangered Species Act

Trump's order tells federal departments to treat energy production as an emergency, which could help expedite approval of energy projects that might otherwise be held up. Getty Images

Environmental groups concerned about loss of protections for vanishing animals see one of President Donald Trump’s early executive orders as a method of subverting the Endangered Species Act in the name of fossil fuel extraction and corporate interests.

Trump declared an energy emergency via executive order earlier this week amid a promise to “drill, baby, drill.” One section of the order states that the long-standing Endangered Species Act can’t be allowed to serve as an obstacle to energy development.

That language is a pathway to rolling back protections for everything from tiny birds like the golden-cheeked warbler to enormous marine mammals like the North Atlantic right whale, conservation groups said Wednesday. Some vowed to fight the order in court.

The Endangered Species Act has been a hurdle for the development of fossil fuels in the U.S. for decades, and weakening the act would accelerate the decline and potential extinction of numerous endangered species, including whales and sea turtles, said Gib Brogan, a campaign director with conservation group Oceana.

“This executive order, in a lot of ways, is a gift to the oil and gas industry and is being sold as a way to respond to the emergency declaration by President Trump,” Brogan said. “There is no emergency. The species continue to suffer. And this executive order will only accelerate the decline of endangered species in the United States.”

The Endangered Species Act has existed for more than 50 years and is widely credited by scientists and environmentalists with helping save iconic American species such as the bald eagle from extinction. A key section of the act directs federal agencies to work to conserve endangered and threatened species and use their authorities to protect them.

Trump's order declaring a national energy emergency took direct aim at the authority provided by the Endangered Species Act. It orders federal departments to treat energy production as an emergency, which could help expedite approval of energy projects that might otherwise be held up.

The order also convenes a committee to “identify obstacles to domestic energy infrastructure specifically deriving from implementation of the ESA or the Marine Mammal Protection Act,” another landmark conservation law. It states the committee could consider regulatory reforms, including “species listings,” as part of its work.

The Trump administration did not respond to a request for comment on the executive order. The order defines energy mostly as fossil fuels such as crude oil and and coal and does not include renewable energies such as wind power. It also states that energy production is an emergency because “an affordable and reliable domestic supply of energy is a fundamental requirement for the national and economic security of any nation.”

While environmentalists herald the Endangered Species Act as a landmark law, pro-development and free market interests have long criticized it for holding up the building of energy, infrastructure, housing and other projects. Some, including the influential Heartland Institute, applauded Trump's declaration of an energy emergency this week.

Conservatives have also decried the Endangered Species Act as inefficient. It took the U.S. Fish and Wildlife Service years to follow the process of potentially delisting the golden-cheeked warbler, a small songbird that breeds only in the forests of central Texas, said Connor Mighell, an attorney with Texas Public Policy Foundation, a free market research institute.

Trump's executive order could help stop the Endangered Species Act from resulting in drawn-out permitting processes and lengthy litigation, said Brent Bennett, energy policy director for Texas Public Policy Foundation.

“We're hoping that can improve some of the permitting processes and remove some of these barriers,” Bennett said.

But the act is critical to maintaining species threatened with extinction, environmentalists said. They cite whales such as the North Atlantic right whale, which numbers less than 400 and is vulnerable to collisions with ships and entanglement in fishing gear, as an example of an animal that must be protected under the act. The Rice's whale, which numbers even fewer and is vulnerable to disruption from oil drilling in the Gulf of Mexico, is another prime example, environmentalists said.

The nation's symbol, the bald eagle, is a perfect example of the importance and effectiveness of the Endangered Species Act, said Andrew Bowman, president of the conservation group Defenders of Wildlife.

“President Trump’s election to office did not come with a mandate to deny Americans a clean and healthy environment or destroy decades of conservation successes that have ensured the survival and recovery of some of America’s most iconic species, including the bald eagle, which was newly named our country’s national bird and is only with us today thanks to the Endangered Species Act," Bowman said.

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A View From HETI

Rice's Baker Institute for Public Policy hosted delegations from Cyprus, Greece and Israel earlier this month. Photo courtesy Rice University

Representatives from three countries visited the Rice University Baker Institute for Public Policy this month to establish the Eastern Mediterranean Energy Center, a new partnership promoting energy advancement in the region.

On June 11, Baker played host to delegations from Cyprus, Greece and Israel that included Michael Damianos, Minister of Energy, Commerce and Industry of the Republic of Cyprus; Stavros Papastavrou, Minister of Environment and Energy for Greece; and Yechiel Leiter, Israeli Ambassador to the United States. U.S. Secretary of Energy Chris Wright and Rice University President Reginald DesRoches were also present to sign a declaration of intent (DOI) that officially formed the partnership first envisioned in the Eastern Mediterranean Security and Energy Partnership Act of 2019.

“This is a dynamic field,” David Satterfield, director of the Baker Institute and former U.S. ambassador to Turkey and Lebanon, said in a news release from Rice. “The East Med has enormous further potential, not just for development, for coordination of development. It is a positive thing for energy, it's a positive thing for industry, for all of the three states represented here today. It's good for the region in a geopolitical sense as well. It provides a stabilization based upon the pragmatic and integrated development and distribution of energy resources, and that is a very good thing indeed.”

The new pact will focus on improving grid stability in the region, as well as on developing U.S. liquefied natural gas (LNG) infrastructure and new technologies.

Another goal of the Eastern Mediterranean Energy Center is suppressing conflict in the region. When the Eastern Mediterranean Security and Energy Partnership Act was signed by President Joe Biden in 2019, it lifted the prohibition on arms sales to the Republic of Cyprus, authorized foreign military financing for Greece and increased intelligence gathering on Russian interests in the Mediterranean.

“We need to use commerce to suppress and surpass conflict – that is the way to bring nations together in geopolitical tensions between countries,” Wright said in the release. “You think of it as zero-sum, there's a winner and a loser, and both sides want to be the winner. Ultimately, one side will be the winner, one side will be the loser. Maybe more objectively, both sides lose, but one loses more than the other. In commerce, it's entirely different, and commerce is voluntary exchange. It only happens when there's winners on both sides. So, when you build, you develop energy and you build energy distribution infrastructure, you bring countries, you bring people together. The three founding nations here and their leadership are all friends of mine and passionate in this mission. They not only want to develop energy to bring better opportunities to their people, but they wanted to bring those three nations together, and all of their neighbors as well, and use commerce to suppress and surpass conflict. These are generational investments.”

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