Tuesday April 28, 2026
Yale Journal on Regulation —
On March 31, 2026, the “God Squad” convened for the first time in more than 30 years. The Endangered Species Act (ESA) prohibits federal actions that could jeopardize the continued existence of an endangered or threatened species, but this group—the Endangered Species Committee—has the power to exempt activities from that requirement. In the span of 15 minutes, the committee met, voted, and approved an exemption for oil and gas activities in the Gulf of Mexico—activities that the National Marine Fisheries Service determined last year could jeopardize the continued existence of an endangered whale species.
The action is remarkable in several respects.
First, the committee did not act under the normal ESA section 7 exemption process (itself used only three times since its creation in 1978). That process involves extensive factual development through a report and hearings and includes notice to the public about the exemption sought and the basis for it. The committee must then consider the public interest and importance of the action and whether the action can be taken in a different way that does not require an exemption. And when granting an exemption, the committee must designate measures to minimize the harmful effects on species and habitats. But for the first time ever, the committee met to use a different exemption provision, granting an “exemption for national security reasons,” resting entirely on “national security findings” from the Secretary of Defense. That action overrides an expert agency’s determination about needed protections for endangered species without any factual development, public notice, and reasoned deliberation.