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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

Quaise Energy is developing Project Obsidian, a superhot geothermal plant in central Oregon. Rendering via quaise.com.

Houston-based Quaise Energy is looking to raise $200 million to support the development of a 50-megawatt superhot geothermal plant in Oregon.

The company is seeking $100 million in Series B funding, plus an additional $100 million from grants, debt and project-level finance, a representative from the company tells Energy Capital. Axios first reported the news late last month.

Quaise specializes in terawatt-scale geothermal power. It is known for its millimeter-wave drilling technology, which was developed at MIT.

The company's Project Obsidian development in central Oregon will combine conventional drilling with its millimeter-wave technology. Quaise says the project, targeted to come online in 2030, could be the first commercial plant to operate in superhot rock, a more efficient and abundant resource, but one that requires more advanced and durable drilling technology.

Quaise says Obsidian would initially generate 50 megawatts of "always-on" power and would be designed to add 200 megawatts as additional wells are developed. A power-purchase deal has already been signed for the initial 50 megawatts with an undisclosed customer.

A representative from the company says Quaise would also use the funding to continue advancing its millimeter-wave technology and prepare it for commercialization.

Last year, the company drilled to a depth of about 330 feet using its millimeter-wave technology at its field site in Central Texas.

“Our progress this year has exceeded all expectations,” Carlos Araque, CEO and president of Quaise Energy, said at the time. “We’re drilling faster and deeper at this point than anyone believed possible, proving that millimeter-wave technology is the only tool capable of reaching the superhot rock needed for next-generation geothermal power. We are opening up a path to a new energy frontier.”

Canary Media reports that Quaise plans to drill to nearly 3,300 feet later this year and to deploy its millimeter-wave technology at its power plant in 2027.

Quaise raised $21 million in a Series A1 financing round in 2024 and a $52 million Series A in 2022. Major investors include Prelude Ventures, Safar Partners, Mitsubishi Corporation, Nabors Industries, TechEnergy and others.

Quaise was one of eight Houston-area companies to appear on Time magazine and Statista’s list of America’s Top GreenTech Companies of 2025.

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