On March 31, Interior Secretary Doug Burgum convened a meeting of the “God Squad,” a rarely used panel with authority to override Endangered Species Act protections. Officially called the Endangered Species Committee, the group can grant exemptions allowing federal projects to proceed even if they are found to jeopardize threatened or endangered species. The meeting marks the first time in over three decades – and only the seventh time in history – that the group has been assembled to deliberate.
The committee has seven voting members, including the secretaries of Interior, Agriculture and Army, along with the leaders of the Environmental Protection Agency, National Oceanic and Atmospheric Administration, and Council of Economic Advisors. A representative from each state affected by the ruling shares the seventh vote, and the Interior Secretary serves as chair.
On the rare occasions the committee has convened, members have deliberated exemptions for logging and energy projects. This time, it met to consider an exemption to a recent “jeopardy opinion” – a formal finding that a project is likely to threaten a species’ survival – related to oil drilling in the Gulf of Mexico. The exemption was requested by Secretary of Defense Pete Hegseth based on his finding that the jeopardy opinion and pending litigation posed a threat to national security.
The opinion focuses on the endangered Rice’s whale but also raises concerns about broader impacts on other vulnerable species, including sea turtles, sperm whales, and the Gulf sturgeon. In past cases, the committee was tasked with weighing the economic benefits of energy development against the ecological risks. The current matter under consideration was different because the request was made for national security reasons.
The March 31 meeting was attended by the six federal members, Secretary Hegseth and no representatives from the affected states. The meeting lasted approximately 16 minutes and was open to public attendance by YouTube video only. After a brief statement by Hegseth and each member, the vote was unanimous to grant an exemption. Secretary of Interior Burgum concluded the meeting by referencing Section 7(j) of the ESA and making the following statement: “The committee shall grant an exemption for any agency action if the Secretary of War finds that such exemption is necessary for reasons of national security.” He went on to say, “The committee is obligated to grant an exemption in this circumstance.”
The committee’s decision could set an important precedent for how environmental protections are balanced against national security and energy priorities in the future.
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