This committee is sometimes referred to as the “God Squad” because its members have the power to grant exemptions to the Endangered Species Act that can result in the extinction of imperiled species.
Led by the interior secretary, it has seven total members who can vote to override regulations. Five of them are senior executive officials: the secretaries of agriculture and the Army, the head of the Council of Economic Advisers, and the administrators of the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA). Each affected state also receives a delegate to the committee, but they collectively receive just one vote. Five votes of seven are needed to grant an exemption.
In the federal register, Burgum announced earlier this week that the committee would meet at the end of the month “regarding an Endangered Species Act exemption for Gulf of America oil and gas activities,” referring to the Gulf of Mexico by the name preferred by President Donald Trump.
The Center for Biological Diversity said Burgum was seeking to override a requirement for oil and gas companies in the Gulf of Mexico to drive boats at safe speeds in order to protect the nearly extinct Rice’s whale from strikes.
These whales, named after the cetologist Dale Rice, who first recognized them as distinct from other whales in 1965, were not formally recognized as a new species until 2021.
According to the Center for Biological Diversity, only about 51 Rice’s whales remain after BP’s catastrophic Deepwater Horizon oil spill in 2010, which devastated their population.
Last May, NOAA’s National Marine Fisheries Service issued a biological opinion concluding that their continued existence—as well as that of other whale and sea turtle species—was under threat from boat strikes, since Rice’s whales spend most of their time in the top 15 meters of water, which often puts them on a collision course with oil vessels.
The agency issued guidance requiring oil industry ships to travel at slower speeds in the eastern Gulf, saying that if they were followed, lethal collisions would be “extremely unlikely to occur” and that the species would be protected.
The Extinction Committee could override this rule, but it has only been convened three times in its history, and not since 1991, when then-President George H.W. Bush used it to open up timber harvests in the Pacific Northwest that endangered the habitats of spotted owls, which were considered threatened under the Endangered Species Act.
The Extinction Committee is invoked so rarely because the circumstances for its use, as outlined in law, are extremely narrow: It can only be convened within 90 days of a biological opinion by the US Fish and Wildlife Service or the National Marine Fisheries Service concluding that a federal action is likely to jeopardize a species. They must also determine that there is no “reasonable and prudent alternative” to the action the government plans to take.
In its lawsuit, the Center for Biological Diversity says that neither of these criteria has been reached, since the Fisheries Service issued its opinion 10 months ago and already established a reasonable alternative: slowing down the boats.
“Slowing boat speeds is not just reasonable, it’s easy, and it’s the absolute minimum the oil and gas industry can do to save Rice’s whales from extinction,” said Kierán Suckling, executive director of the Center for Biological Diversity.
The group said Burgum is also flouting other requirements of the law, including that the meeting be presided over by an administrative judge and have a formal hearing with public comment. No judge has been appointed by Burgum, and the meeting is only scheduled to be livestreamed on YouTube, with no forum for public input.
“Burgum’s Extinction Committee is immoral, illegal, and unnecessary,” Suckling said. “There’s no emergency, no legal basis to convene the committee, and no legal way to approve the extinction of Rice’s whales. This sham is nothing more than Burgum posturing for Trump and saving the fossil fuel industry a few dollars by allowing its boats to drive faster and more recklessly.”
If Rice’s whales were to go extinct, they could be the first ever large whale species to be driven out of existence by human activity in recorded history. Earthjustice says that the rollback of boat speed restrictions and other activities by the Trump administration—including the approval of the first BP oil field in the Gulf since the 2010 spill—are putting other species at risk too.
The scheduled March 31 meeting, said the group, “could kick off a months-long process to decide whether to give special treatment to the oil industry by allowing offshore drilling to go forward even if it would lead to the extinction of Gulf species.”
“The marine species in the Gulf are our natural heritage. There’s no imaginable justification to sacrifice them,” said Steve Mashuda, Earthjustice’s managing attorney for oceans. “It’s beyond reckless even to consider greenlighting the extinction of sea turtles, fish, whales, rays, and corals to further pad the oil industry’s pockets at the public’s expense. Giving carte blanche to industry also takes us further away from renewable energy that is cleaner, cheaper, more reliable, and more efficient than ever before.”
