The Endangered Species Committee in US President Donald Trump’s administration has granted an exemption for oil and gas activities in the Gulf of America, following a determination by the Secretary of War that such an exemption is necessary for national security reasons.
This decision, effective immediately, allows the continuation of exploration, development, and production activities without the usual procedural and substantive requirements of the Endangered Species Act (ESA).
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The exemption applies to the full scope of these activities and includes measures to avoid or minimise environmental impact as outlined in previous biological opinions and consultation documents.
The Endangered Species Committee, often called the “God Squad” for its authority to issue exemptions to the Nixon-era Endangered Species Act, convened with Defense Secretary Pete Hegseth in attendance.
Secretary Hegseth sought an exemption, arguing that ongoing lawsuits were jeopardising oil and gas operations in the Gulf, reported Reuters.
The Secretary of War’s findings, which prompted the exemption, were attached to a letter sent to the Committee’s Chairman, leading to a meeting on 31 March 2026.
The Committee’s decision means that federal agencies involved in these activities are not required to comply with certain mandates of the Endangered Species Act, such as the ‘jeopardy’ and ‘adverse modification’ clauses, when authorising or funding these actions.
The exemption also means that actions typically considered as ‘take’ under the Act will not be prohibited, ensuring that the activities can proceed without legal hindrance.
The Committee’s order emphasises that the avoidance or minimisation measures already in place will continue to be implemented.
The decision is subject to judicial review, which can be sought in the US Courts of Appeals for the Fifth or Eleventh Circuits, where the agency actions are being carried out.
The Committee has designated attorneys from the US Department of Justice to represent it in any potential litigation.