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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

20-plus companies will pitch at Energy Tech Nexus' Pilotathon during Houston Energy & Climate Startup Week. Photo via Getty Images.

Energy Tech Nexus will host its Pilotathon and Showcase as part of Houston Energy & Climate Startup Week next Tuesday, Sept. 16, featuring insightful talks from industry leaders and pitches from an international group of companies in the clean energy space.

This year's event will center around the theme "Energy Access and Resilience." Attendees will hear pitches from nine Pilotathon pitch companies, as well as the 14 companies that were named to Energy Tech Nexus' COPILOT accelerator earlier this year.

COPILOT partners with Browning the Green Space, a nonprofit that promotes diversity, equity and inclusion (DEI) in the clean energy and climatetech sectors. The Wells Fargo Innovation Incubator (IN²) at the National Renewable Energy Laboratory backs the COPILOT accelerator, where companies are tasked with developing pilot projects for their innovations.

The nine Pilotathon pitch companies include:

  • Ontario-based AlumaPower, which has developed a breakthrough technology that converts the aluminum-air battery into a "galvanic generator," a long-duration energy source that runs on aluminum as a fuel
  • Calgary-based BioOilSolv, a chemical manufacturing company that has developed cutting-edge biomass-derived solvents
  • Atlanta-based Cultiv8 Fuels, which creates high-quality renewable fuel products derived from hemp
  • Newfoundland-based eDNAtec Inc., a leader in environmental genomics that analyzes biodiversity and ecological health
  • Oregon-based Espiku Inc., which designs and develops water treatment and mineral extraction technologies that rely on low-pressure evaporative cycles
  • New York-based Fast Metals Inc., which has developed a chemical process to extract valuable metals from complex toxic mine tailings that is capable of producing iron, aluminum, scandium, titanium and other rare earth elements using industrial waste and waste CO2 as inputs
  • New Jersey-based Metal Light Inc., which is building a circular, solid metal fuel that will serve as a replacement for diesel fuel
  • Glasgow-based Novosound, which designs and manufactures innovative ultrasound sensors using a thin-film technique to address the limitations of traditional ultrasound with applications in industrial, medical and wearable markets
  • Calgary-based Serenity Power, which has developed a cutting-edge solid oxide fuel cell (SOFC) technology

The COPILOT accelerator companies include:

  • Accelerate Wind
  • Aquora Biosystems Inc.
  • EarthEn
  • Electromaim
  • EnKoat
  • GeoFuels
  • Harber Coatings Inc.
  • Janta Power
  • NanoSieve
  • PolyQor Inc.
  • Popper Power
  • Siva Powers America
  • ThermoShade
  • V-Glass Inc.

Read more about them here.

The Pilotathon will also include a keynote from Taylor Chapman, investment manager at New Climate Ventures; Deanna Zhang, CEO at V1 Climate Solutions; and Jolene Gurevich, director of fellowship experience at Breakthrough Energy. The Texas Climate Tech Collective will present its latest study on the Houston climate tech and innovation ecosystem.

CEOs Moji Karimi of Cemvita, Laureen Meroueh of Hertha Metals and others will also participate in a panel on successful pilots. Investors from NetZero Ventures, Halliburton Labs, Chevron, Saudi Aramco, Prithvi VC and other organizations will also be on-site. Find registration information here.

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