In The News

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.

Trending News

 

A View From HETI

Lydian Energy has secured financing for three battery storage system projects in Texas. Photo via Getty Images.

The Electricity Reliability Council of Texas’ grid will get a boost courtesy of Lydian Energy.

The D.C.-based company announced the successful financial close of its first institutional project financing totaling $233 million, backed by ING Group and KeyBank. The financing will support three battery energy storage system (BESS) projects in Texas.

Lydian is an independent power producer that specializes in the development, construction and operation of utility-scale solar and battery energy storage projects. The company reports that it plans to add 550 megawatts of energy—which can power approximately 412,500 homes—to the Texas grid administered by ERCOT.

“This financing marks an important step forward as we continue executing on our vision to scale transformative battery storage projects that meet the evolving energy needs of the communities we serve,” Emre Ersenkal, CEO at Lydian Energy, said in a news release.

The projects include:

Pintail 

  • Located in San Patricio county
  • 200 megawatts
  • Backed by ING

Crane

  • Located in Crane county
  • 200 megawatts
  • Backed by ING

Headcamp

  • Located in Pecos county
  • 150 megawatts
  • Backed by KeyBank

ING served as the lender for Pintail and Crane projects valued at a combined total of approximately $139 million.

KeyBank provided a $94 million financing package for the Headcamp project. KeyBanc Capital Markets also structured the financing package for Headcamp.

The three projects are being developed under Excelsior Energy Capital’s Fund II. Lydian’s current portfolio comprises 20 solar and storage projects, totaling 4.7 gigawatts of capacity.

“Our support of Lydian’s portfolio reflects ING’s focus on identifying strategic funding opportunities that align with the accelerating demand for sustainable power,” Sven Wellock, managing director and head of energy–renewables and power at ING, said in the release. “Battery storage plays a central role in supporting grid resilience, and we’re pleased to back a platform with strong fundamentals and a clear execution path.”

The facilities are expected to be placed in service by Q4 2025. Lydian is also pursuing additional financing for further projects, which are expected to commence construction by the end of 2025.

“These financings represent more than capital – they reflect the strong demand for reliable energy infrastructure in high-growth U.S. markets,” Anne Marie Denman, co-founding partner at Excelsior Energy Capital and chair of the board at Lydian Energy, added in the news release. “We’re proud to stand behind Lydian’s talented team as they deliver on the promise of battery storage with bankable projects, proven partners, and disciplined execution. In the midst of a lot of noise, these financings are a reminder that capital flows where infrastructure is satisfying fundamental needs of our society – in this case, the need for reliable, sustainable, domestic, and affordable energy.”

Trending News