President Donald Trump is aiming to modify the Endangered Species Act (ESA), viewing it as a barrier to his energy initiatives. His approach includes bypassing the 51-year-old law through recent executive actions. Energy development and non-fuel mineral extraction are central to these plans, raising concerns among environmental groups.
Trump’s Declaring a National Energy Emergency order urges federal agencies to adopt emergency consultation rules for ESA-related issues. It also revives the 1979 “God Squad,” a committee that can grant exemptions to ESA rules upon request. The U.S. Army Corps of Engineers is instructed to bypass Clean Water Act regulations in favor of energy projects.
“They did this last time,” said Brett Bartl from the Center for Biological Diversity, highlighting previous attempts to circumvent environmental regulations. The “God Squad,” officially called the Endangered Species Act Committee, was formed during the Carter administration to address ESA conflicts and has only been convened a few times.
A separate order, Unleashing American Energy, aspires to position the U.S. as a leading producer of rare earth minerals. It mandates agencies to ease regulations like ESA and NEPA to remove barriers deemed unnecessary. This order also tasks the attorney general with reviewing legal cases impacting energy development.
“We would note that the repeal and replacement approach had mixed success under the first Trump Administration,” stated the American Public Power Association. They highlighted the challenge of changing NEPA through administrative means during Trump’s first term. Similar Trump-era ESA rule changes were previously overturned in court.
Trump’s Regulatory Freeze Pending Review may impact current ESA listings, like the grizzly bear’s threatened status. The order suggests a 60-day delay in reviewing pending rules to reassess their implications. This directive could influence decisions from previous governors’ petitions seeking changes to species protections.
Energy executive orders also extend to the mining of non-fuel minerals, such as gold, silver, and cobalt. Mining activities in the Rockies often face challenges due to environmental concerns affecting species like grizzlies and Canada lynx.
“As president, Trump had one of the most anti-endangered species administrations,” said Brett Bartl, indicating potential legal battles if these plans advance.
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