Overview
- On March 18, the Center for Biological Diversity sued in U.S. District Court in Washington, D.C., to block Interior Secretary Doug Burgum from convening the Endangered Species Committee.
- The complaint claims Interior failed to follow required procedures, including appointing an administrative law judge and holding a formal hearing with public comment, with only a YouTube livestream planned.
- Plaintiffs argue the legal prerequisites for an exemption have not been met, pointing to a prior National Marine Fisheries Service opinion and existing vessel speed measures as a reasonable alternative.
- The Endangered Species Committee, composed of senior federal officials and state representation, can grant exemptions from ESA Section 7 in narrow circumstances and has not met in decades.
- At issue are ESA conditions on Gulf operations, including safeguards for the endangered Rice’s whale, and analysts expect any exemption decision to trigger immediate additional litigation.