Endangered Species Rules Skipped for Gulf Oil Drilling Security
Published Date: 4/3/2026
Notice
Summary
The Endangered Species Committee just gave a big thumbs-up to let Gulf of America oil and gas activities skip some usual wildlife protection rules because of national security needs. This means oil and gas companies can keep exploring and drilling in the Gulf without following certain Endangered Species Act steps, starting right away. This decision affects environmental groups, energy companies, and government agencies, and it could speed up oil and gas projects while raising some environmental concerns.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Drilling Exempted from Endangered Species Act
On March 31, 2026, the Endangered Species Committee granted an exemption under section 7(h) of the Endangered Species Act so that Gulf of America Oil and Gas Activities (the BOEM/BSEE Outer Continental Shelf Oil and Gas Program) do not have to follow section 7(a)(2) consultation or the substantive "jeopardy" and "adverse modification" requirements. The exemption also states that actions that would ordinarily be considered a "take" shall not be prohibited, and it applies to the full scope and duration of those exploration, development, and production activities, effective immediately.
Mitigation Measures Remain Implemented
The Order says the avoidance or minimization measures described in the National Marine Fisheries Service's 2025 biological opinion and in the U.S. Fish and Wildlife Service's 2018 and 2025 consultation decisions shall continue to be implemented under this Order. The Committee also states it need not set out additional mitigation or enhancement measures in the Order because the Secretary of War's findings already include those measures.
Judicial Review Limited to Fifth or Eleventh Circuits
The Committee states that any person may obtain judicial review of this decision in the U.S. Courts of Appeals for the Fifth or Eleventh Circuits because the covered agency action is being carried out in federal waters of the Gulf of America and related state waters and lands. The Committee designates Department of Justice attorneys to represent it if the decision is challenged.
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Key Dates
Department and Agencies
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