Biodiversity & Species

Judicial Review of the Hegseth Gambit

A headshot picture of Pete Hegseth.

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. 

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Dear UNFCCC, Subnational Governments are Key to Protecting Forests

A foggy day in the Amazon River that winds through lush forests.

GCF Task Force and Regions4 Submit Comments to COP30 Roadmap on Halting and Reversing Deforestation and Forest Degradation by 2030

Two of the world’s largest subnational governmental networks – the Governors’ Climate and Forests Task Force (GCF Task Force, a project of the Emmett Institute on Climate Change and the Environment at UCLA School of Law), and Regions4 – submitted a comment letter today providing input to the Roadmap on Halting and Reversing Deforestation and …

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Challenging Hegseth’s National Security Gambit

A headshot picture of Pete Hegseth.

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.

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Harming 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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The “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.

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Paul Ehrlich and The Bet

A person extends their hand to meet a bird that is gently flying close to them.

The real lesson everyone misses about Paul Ehrlich and his famous wager.

Paul Ehrlich died last weekend at the age of 93. Among scientists, he was celebrated for his work on population biology, integrating economics and ecology, and for his creation (with Peter Raven) of the field of co-evolution, the study of how species influence each other’s evolution. To the public, he was much better known as …

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What does BACA do? Part IX

Proposed CEQA ballot initiative might create unexpected, large gaps in existing environmental protections in California.

This is the ninth in a series of blog posts on the California Chamber of Commerce’s proposed ballot initiative amending the California Environmental Quality Act (CEQA).  The first blog post is here.  The second blog post is here.  The third blog post is here.  The fourth blog post is here.  The fifth blog post is …

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Political 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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Fake 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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The Trump Administration is Squandering Our Natural Heritage

A face first shot of a frizzly bear.

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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