Some Say Biden Enlists Lizards to Attack Oil Industry

WASHINGTON, DC — In a decision that has significant implications for the energy sector, the Biden Administration has officially listed the Dunes Sagebrush Lizard as an endangered species under the Endangered Species Act (ESA).

This move comes despite efforts by U.S. Representative August Pfluger (TX-11) to prevent the listing through his Limiting Incredulous Zealots Against Restricting Drilling (LIZARD) Act, which failed to gain traction last year.

Rep. Pfluger introduced the LIZARD Act in response to what he described as a targeted attack on the Permian Basin's energy industry.

"On the campaign trail, President Biden promised to kill the fossil fuel industry, and that’s about the only promise we can count on him keeping," said Rep. Pfluger. "His latest tactic—listing the Dunes Sagebrush Lizard as an endangered species so he can shut down drilling in the Permian—is just the latest in a string of assaults on the Permian Basin and our way of life. The President wants to control private property in Texas. Not on my watch. My legislation aimed to protect energy security and jobs in the Permian, but it faced insurmountable opposition."

Background

The Biden Administration's decision follows a review process by the U.S. Fish and Wildlife Service, including a 90-day public comment period and a public hearing. The listing marks a significant regulatory action impacting the Permian Basin, a crucial region for U.S. oil and natural gas production.

Amy Lueders, the Service’s Southwest Regional Director, emphasized the importance of the ESA in protecting imperiled lizard.

“The Endangered Species Act is an important tool in preventing the extinction of species like the Dunes Sagebrush Lizard,” Lueders stated. “We will continue working collaboratively with Tribes, industry, stakeholders, and private landowners to ensure protections for the lizard and its habitat.”

The Dunes Sagebrush Lizard inhabits the shinnery oak and sand dune ecosystems in extreme southeast New Mexico and west Texas, covering about 4% of the 86,000 square mile Permian Basin. Primary threats to the lizard include habitat loss from oil and gas development, sand mining, and climate change.

Conservation Efforts and Oil & Gas Industry Response

Despite the new listing, there have been substantial conservation efforts in New Mexico and Texas. By December 31, 2022, state and private conservation initiatives had enrolled over 4 million acres in Candidate Conservation Agreements (CCA) and Candidate Conservation Agreements with Assurances (CCAA). These efforts have aimed to balance species protection with the region's economic activities.

In New Mexico, these voluntary enrollments cover nearly 85% of the Dunes Sagebrush Lizard’s range. In Texas, industry partners have focused on mitigating impacts on lizard habitat while continuing energy production. The Service has indicated that existing agreements will be honored, allowing ongoing land management without new restrictions.

However, the oil and gas industry remains deeply concerned about the broader implications of the listing. Advanced horizontal drilling techniques have been cited as a way to access reserves without disrupting lizard habitat, but industry leaders warn of potential economic impacts and job losses. The energy sector plays a vital role in the economy, providing jobs and contributing to energy security, and stakeholders argue that these factors must be carefully weighed against conservation efforts.

The proposed and final rules, along with public comments, are available at regulations.gov under docket number FWS-R2-ES-2022-0162. The final rule will take effect 30 days after being posted in the Federal Register.