Endangered Species Act
Judicial Review of the Hegseth Gambit
Hegseth and the “God Squad” may have just stepped into a morass.
As expected, the Endangered Species Committee issued a blanket exemption, preventing any challenges to oil and gas drilling in the Gulf that threaten endangered species. Hegseth’s request for the exemption is premised on the existing (but possibly insufficient) protections that the government is currently giving endangered species. Thus, it’s not quite a license for Exxon to send out harpoon boats to kill off whales. It does, however, raise the suspicion that the current protections are grossly inadequate and that the government expected to lose in court, before in effect breaking the glass and pulling the red emergency lever.
CONTINUE READINGChallenging Hegseth’s National Security Gambit
Hegseth may not have as much power as he thinks to run roughshod over the Endangered Species Act.
According to a DOJ filing, “[o]n March 13, 2026, the Secretary of War notified the Secretary of the Interior that the Secretary of War found it necessary for reasons of national security to exempt from the ESA’s requirements all Gulf of America oil and gas exploration and development activities.” It’s difficult but not impossible to challenge the government on issues of national security. Hegseth’s demand for an exemption to allow oil companies to destroy endangered species is a bold, aggressive move, much like the decision to go to war against Iran. As with the war itself, however, the legal and political aftermath may prove a lot messier than the Administration is anticipating. Here are some possible arguments that could potentially limit Hegseth’s powers.
CONTINUE READINGHarming Species
The impact of repealing the ESA Section 9 prohibition on habitat destruction will be large for many endangered species.
As I posted last year, the Trump Administration is proposing to repeal an Endangered Species Act (ESA) regulation that limits destruction of habitat for listed species. Specifically, the proposal is to repeal the definition of “harm” in the regulations. That regulatory definition includes some forms of habitat destruction within the meaning of harm. And “harm” …
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CONTINUE READINGThe “God Squad” is Subject to a Lot of Limits. But I’m still worried.
Getting an exemption from the Endangered Species Act is normally difficult. But there’s a scary exception.
The Endangered Species Act Committee has been nicknamed the God Squad, on the theory that it holds the power of life and death over endangered species. It does the have the power to exempt from projects from the Endangered Species Act (ESA), although that’s not quite as ominous as it sounds. It’s understandable that many people freaked out when a Federal Register notice appeared announcing a meeting of the Committee relating to offshore drilling in the Gulf. We don’t have any specifics , What we do know is that the process is complex and cumbersome, and that there are important limits on the Committee’s discretion. There’s still reason to worry, however, because Pete Hegseth actually is the one with godlike powers over endangered species.
CONTINUE READINGLaunching OPERATION EPIC FURRY
It’s time to rename the Endangered Species Act.
Environmentalists need to do better. at marketing Consider the Endangered Species Act. That’s an accurate but uninspiring name. Where’s the pizzaz? Where’s the spark? And the acronym ESA is just lame.The aspects of the law that appeal most to the public are its protections of iconic creatures like polar bears and cute creatures like black-footed ferrets. Why not take a leaf from Trump’s book and rebrand? Make it big, bold, and appealing: EPIC FURRY. Sounds thrilling! It could stand for Endangered Prized Innocent Creatures Flourishing Under Real Regulatory Yodas. The title doesn’t mean anything, but has a nice Star Wars connection, which never hurt anyone’s marketing. And what regulator wouldn’t like to be compared with Yoda the Jedi Master?
CONTINUE READINGPolitical Extinction Risk
Species may be vulnerable not just to changes in climate or habitat, but also to changes in politics
Conservation biologists have long studied many different kinds of risks to endangered species: Risks from climate change, or from habitat fragmentation, or from having small populations for extended periods of time. But there is another key component of risk that has not been analyzed yet, but may matter as much or more to many endangered …
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CONTINUE READINGFake species?
Looking at the data on ESA listed species to see if enviro groups strategically identify species to block development.
This tweet, arguing that it’s “an open secret at this point that environmental activists try to invent fake ‘endangered’ species to block infrastructure projects they don’t like” got a lot of traction. But is it correct? It turns out that a paper I did (with Berry Brosi) about 15 years ago provides some insights into …
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CONTINUE READINGThe Trump Administration is Squandering Our Natural Heritage
Proposed Endangered Species Act regulations are designed to stifle protections and provide developers even more power.
The world’s ecosystems have been subject to an increasingly dangerous cocktail of stressors from land and ocean over-development, invasive species, and pollution. But rather than stem the tide of these harms, the Trump administration has resurrected several regulatory changes to the Endangered Species Act designed to stifle species’ protections and provide land developers even more power to …
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CONTINUE READINGPing-pong government and the ESA
Recent proposed revisions for the ESA just reset the clock to 2020.
The Trump Administration in November proposed revisions to the regulations implementing the Endangered Species Act (ESA). Normally, I would try to do a thoughtful review of the changes and what I think their implications are. But that is really not necessary this time, since what the Administration is proposing is to undo Biden Administration changes …
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CONTINUE READINGScience and Democracy
The scientific process is crucial for a well-functioning democracy.
Beyond its utility, science also models some important features of democracy. It aspires to a marketplace of ideas in which everyone with the needed background knowledge can participate, and in which conclusions are based on debate and data rather than power. As a recent D.C. Circuit case illustrates, the law calls on government agencies to make decisions in the same, considering all the scientific evidence and arguments, then providing a reasoned explanation for its decision.
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