On March 31, 2026, the Endangered Species Committee (informally nicknamed the “God Squad” for its power to determine species’ future) voted unanimously to grant an exemption for certain oil and gas drilling activities in the Gulf of Mexico from the Endangered Species Act (ESA). (91 Fed.Reg. 16966 (Apr. 3, 2026).) In its nearly 50-year existence, this is the fourth time the Committee has convened, the third time it has issued an exemption, and, reportedly, the first time it has issued one on “national security” grounds.
Amid disruptions in global oil supply caused by the geopolitical tensions involving Iran, Defense Secretary Hegseth requested that the Secretary of the Interior convene the Committee based on Hegseth’s determination that the energy industry is under threat from ongoing litigation challenging oil and gas drilling in the Gulf, and an exemption is necessary “for reasons of national security.” (16 U.S.C. § 1536(j); see Declaration from Douglas Burgum, Secretary of the Interior.)
Pursuant to the exemption, certain oil and gas drilling activities in the Gulf are exempt from ESA section 7 consultation requirements for the covered activity, and any incidental taking of a listed species resulting from such activities will not be considered a prohibited “take” in violation of the ESA. (16 U.S.C. § 1536(o)(1).)
The Gulf of Mexico—the site of the 2010 BP Deepwater Horizon oil spill disaster—produces nearly 2 million barrels of oil each day and accounts for approximately 15% of crude oil pumped annually in the U.S. The Trump administration recently approved BP’s new ultra-deepwater drilling project in the Gulf, following a 2025 National Marine Fisheries Service Biological Opinion determining that the activity was likely to harm several species.
Environmental groups opposing the exemption warn that it will accelerate the extinction of several threatened and endangered species—including the rare Rice’s whale. Only around 50 Rice’s whales still exist in the world—all of which are found exclusively in the Gulf of Mexico. The oil and gas drilling exemption will streamline approvals for oil and gas projects in the Gulf and limit environmental advocates’ ability to litigate against such projects.