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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

Ace Green Recycling has secured a deal that will supply 100 percent of its phase one recycling capacity at its forthcoming Texas flagship facility. Photo courtesy Ace Green Recycling.

Houston- and Singapore-headquartered Ace Green Recycling, a provider of sustainable battery recycling technology solutions, has secured a 15-year battery material supply agreement with Miami-based OM Commodities.

The global commodities trading firm will supply Ace with at least 30,000 metric tons of lead scrap annually, which the company expects to recycle at its planned flagship facility in Texas. Production is expected to commence in 2026.

"We believe that Ace's future Texas facility is poised to play a key role in addressing many of the current challenges in the lead industry in the U.S., while helping the country meet the growing domestic demand for valuable battery materials," Nishchay Chadha, CEO and co-founder of Ace, said in a news release. "This agreement with OM Commodities will provide us with enough supply to support our Texas facility during all of its current planned phases, enabling us to achieve optimal efficiencies as we deploy our solutions in the U.S. market. With OM Commodities being a U.S.-based leader in metals doing business across the Americas and Asia with a specialty in lead batteries, we look forward to leveraging their expertise in the space as we advance our scale-up efforts."

The feedstock will be sufficient to cover 100 percent of Ace's phase one recycling capacity at the Texas facility, according to the statement. The companies are also discussing future lithium battery recycling collaborations.

"Ace is a true pioneer when it comes to providing an environmentally friendly and economically superior solution to recycle valuable material from lead scrap," Yiannis Dumas, president of OM Commodities, added in the news release. "We look forward to supporting Ace with lead feedstock as they scale up their operations in Texas and helping create a more circular and sustainable battery materials supply chain in the U.S."

Additionally, ACE shared that it is expected to close a merger with Athena Technology Acquisition Corp. II (NYSE: ATEK) in the second half of 2025, after which Ace will become a publicly traded company on the Nasdaq Stock Market under the ticker symbol "AGXI."

"As we continue to scale our lead and lithium battery recycling technologies to help support the markets for both internal combustion engines and electric vehicles, we expect that our upcoming listing will be a key accelerator of growth for Ace,” Chada said.

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