Now, oil rigs in the region face stricter regulations to ensure their systems are up to date. They are also required to comply with Endangered Species Act requirements to minimize their impacts on vulnerable animals. The latest jeopardy finding for the Rice’s whale says boats should immediately begin using technology to avoid vessel strikes and monitor for the presence of the animal.
But Trump has rolled back many environmental protections he thinks stand in the way of oil. He scrapped drilling prohibitions in ecologically sensitive areas. His offshore fossil fuel expansion plan, the Center for Biological Diversity estimated, could trigger thousands of oil spills across the country, based on average spill rates in recent decades. And his administration rescinded guidance in February for oil and gas vessels to slow down in the western Gulf to avoid hitting whales.
The God Squad could remove other regulations on industry activities. Given that this national security exemption is unprecedented, only time will tell how it plays out, Farber said. But he expects further litigation.
The Trump administration has “a real advantage going in, because it’s [claiming] national security, but they’re really pressing that to kind of its far limits,” he said.
Plater said the Endangered Species Act is one of the few laws that allows citizens to increase enforcement through substantive actions. He’s seen this firsthand: The snail darter case that threw the law into the public spotlight decades ago was spurred by an idea from one of his law students for a paper.
In his view, the committee that grew out of that case is for the most part “a very fair, careful bypass” for extreme scenarios.
Now, however, Plater fears it will be “weaponized to roll back citizen enforceable protections for all the endangered and threatened species in the Gulf.”
“This is not just talking about a whale and the need for fossil fuels. It is just one more act in a political quashing of citizen involvement in statutory enforcement and protection of public values,” he said. “Scratch away at almost any environmental controversy, and pretty soon you’re looking at big questions of democratic governance.”
Kiley Price is a reporter at Inside Climate News, with a particular interest in wildlife, ocean health, food systems, and climate change. She writes ICN’s “Today’s Climate” newsletter, which covers the most pressing environmental news each week.
She earned her master’s degree in science journalism at New York University, and her bachelor’s degree in biology at Wake Forest University. Her work has appeared in National Geographic, Time, Scientific American, and more. She is a former Pulitzer Reporting Fellow, during which she spent a month in Thailand covering the intersection between Buddhism and the country’s environmental movement.
This story originally appeared on Inside Climate News.
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