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“Burgum’s Extinction Committee is immoral, illegal, and unnecessary,” said the head of the Center for Biological Diversity, which warns it could put the final nail in the coffin of the extremely endangered Rice's whale.
An environmental organization is suing to stop the Trump administration from illegally convening a meeting that could allow oil and gas companies to drive an extremely endangered whale species to extinction.
On Wednesday, the Center for Biological Diversity filed an emergency lawsuit against Secretary of the Interior Doug Burgum in a federal district court in Washington, DC, seeking to block him from convening the Endangered Species Committee, more commonly known as the “Extinction Committee,” on March 31.
This committee is sometimes referred to as the "God Squad" because its members have the power to grant exemptions to the Endangered Species Act that can result in the extinction of imperiled species.
Led by the interior secretary, it has seven total members who can vote to override regulations. Five of them are senior executive officials: the secretaries of agriculture and the Army, the head of the Council of Economic Advisers, and the administrators of the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA). Each affected state also receives a delegate to the committee, but they collectively receive just one vote. Five votes of seven are needed to grant an exemption.
In the federal register, Burgum announced earlier this week that the committee would meet at the end of the month “regarding an Endangered Species Act exemption for Gulf of America oil and gas activities," referring to the Gulf of Mexico by the name preferred by President Donald Trump.
The Center for Biological Diversity said Burgum was seeking to override a requirement for oil and gas companies in the Gulf of Mexico to drive boats at safe speeds in order to protect the nearly extinct Rice’s whale from strikes.
These whales, named after the cetologist Dale Rice, who first recognized them as distinct from other whales in 1965, were not formally recognized as a new species until 2021.
According to the Center for Biological Diversity, only about 51 Rice's whales remain after BP's catastrophic Deepwater Horizon oil spill in 2010, which devastated their population.
Last May, NOAA's National Marine Fisheries Service issued a biological opinion concluding that their continued existence—as well as that of other whale and sea turtle species—was under threat from boat strikes, since Rice's whales spend most of their time in the top 15 meters of water, which often puts them on a collision course with oil vessels.
The agency issued guidance requiring oil industry ships to travel at slower speeds in the eastern Gulf, saying that if they were followed, lethal collisions would be “extremely unlikely to occur” and that the species would be protected.
The Extinction Committee could override this rule, but it has only been convened three times in its history, and not since 1991, when then-President George H.W. Bush used it to open up timber harvests in the Pacific Northwest that endangered the habitats of spotted owls, which were considered threatened under the Endangered Species Act.
The Extinction Committee is invoked so rarely because the circumstances for its use, as outlined in law, are extremely narrow: It can only be convened within 90 days of a biological opinion by the US Fish and Wildlife Service or the National Marine Fisheries Service concluding that a federal action is likely to jeopardize a species. They must also determine that there is no “reasonable and prudent alternative” to the action the government plans to take.
In its lawsuit, the Center for Biological Diversity says that neither of these criteria has been reached, since the Fisheries Service issued its opinion 10 months ago and already established a reasonable alternative: slowing down the boats.
"Slowing boat speeds is not just reasonable, it’s easy, and it’s the absolute minimum the oil and gas industry can do to save Rice’s whales from extinction,” said Kierán Suckling, executive director of the Center for Biological Diversity.
The group said Burgum is also flouting other requirements of the law, including that the meeting be presided over by an administrative judge and have a formal hearing with public comment. No judge has been appointed by Burgum, and the meeting is only scheduled to be livestreamed on YouTube, with no forum for public input.
“Burgum’s Extinction Committee is immoral, illegal, and unnecessary,” Suckling said. “There’s no emergency, no legal basis to convene the committee, and no legal way to approve the extinction of Rice’s whales. This sham is nothing more than Burgum posturing for Trump and saving the fossil fuel industry a few dollars by allowing its boats to drive faster and more recklessly.”
If Rice's whales were to go extinct, they could be the first ever large whale species to be driven out of existence by human activity in recorded history. Earthjustice says that the rollback of boat speed restrictions and other activities by the Trump administration—including the approval of the first BP oil field in the Gulf since the 2010 spill—are putting other species at risk too.
The scheduled March 31 meeting, said the group, "could kick off a months-long process to decide whether to give special treatment to the oil industry by allowing offshore drilling to go forward even if it would lead to the extinction of Gulf species."
“The marine species in the Gulf are our natural heritage. There’s no imaginable justification to sacrifice them,” said Steve Mashuda, Earthjustice's managing attorney for oceans. "It’s beyond reckless even to consider greenlighting the extinction of sea turtles, fish, whales, rays, and corals to further pad the oil industry’s pockets at the public’s expense. Giving carte blanche to industry also takes us further away from renewable energy that is cleaner, cheaper, more reliable, and more efficient than ever before.”
"This study underscores the cruelty and shortsightedness of the Trump administration's slashing of funding and weakening of protections for endangered species," said an expert at the Center for Biological Diversity.
On the heels of publishing a study that shows 2,204 species across the United States should be considered for protection under the Endangered Species Act, the Center for Biological Diversity on Wednesday sued President Donald Trump's administration for failing to release public records about efforts to dismantle the ESA.
"Americans want to live in a country where animals and plants on the brink of extinction get the protections they need to survive. The Trump administration is hiding information about its efforts to gut these protections," said Ryan Shannon, a senior attorney at the nonprofit, in a statement.
"Widespread public support for the Endangered Species Act makes the administration's secrecy around these rules all the more insidious," Shannon continued. "Trump hands out favors to his billionaire friends while ignoring the irreplaceable value of our nation’s endangered wildlife. This lawsuit seeks to bring that corruption out into the open."
Filed in federal court in Washington, DC, the Freedom of Information Act (FOIA) suit could make the departments of Commerce and the Interior, as well as the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, and the US Fish and Wildlife Service (FWS), turn over documents about potential revisions to the ESA proposed in response to orders from Trump and Interior Secretary Doug Burgum.
"Thousands of plants and animals across America are at risk of extinction while they wait for the federal government to do something, anything, to help them."
The complaint warns that if the administration's proposed rules are implemented, they "will dismantle essential protections by, amongst other things, inserting economic considerations into the listing process, curtailing critical habitat designations, prohibiting habitat protections for species threatened by climate change, weakening consultation mandates, and removing nearly all protections for newly designated threatened species."
"On July 3, 2025, the center submitted FOIA requests to each defendant seeking records relating to the development of these proposed rules," the filing details. "The requested records are vital to understanding the basis, rationale, and likely impacts of the agencies' proposed rules. Such information is necessary for meaningful public participation in the rulemaking process."
"Without timely disclosure, the center and its members cannot effectively understand or respond to the agencies' proposed rules, thereby undermining FOIA's core purpose of ensuring government transparency and accountability," the complaint adds, noting that the center sent follow-up requests early last month.
The suit over Trump's "extinction plan" records followed publication of a study in which four experts at the center argued for protecting thousands more species under the landmark 1973 law—which, the analysis notes, "currently protects 1,682 species as endangered or threatened."
"According to the independent scientific organization NatureServe, however, there are more than 10,000 imperiled species in the United States that may need protection," explains the study, published in PeerJ. "One barrier to protecting recognized imperiled species is a lack of threats information."
The center's experts reviewed all species recognized NatureServe as "critically imperiled" or "imperiled" and identified 2,204 species "where there is sufficient threat information to indicate ESA protection may be warranted."
A majority of those species—1,320—are plants, followed by 309 insects, 115 terrestrial snails, 90 freshwater snails, 85 fish, 25 lichen and fungi, 23 reptiles and turtles, 21 amphibians, 14 birds, and various others.
Given that the FWS "has on average listed just 32 species per year since the law was passed," the analysis warns, "at this rate, most species currently recognized as imperiled and facing threats will not receive consideration for protection within any meaningful timeframe."

Noah Greenwald, a study co-author and co-director of endangered species at the Center for Biological Diversity, stressed in a Tuesday statement that "thousands of plants and animals across America are at risk of extinction while they wait for the federal government to do something, anything, to help them."
"This study underscores the cruelty and shortsightedness of the Trump administration's slashing of funding and weakening of protections for endangered species," Greenwald declared. "That so many species need help highlights just how much we're degrading the natural world at our own peril."
"Humans need clean air and water and a stable climate, just like the many species in decline," he added. "People are destroying the wild places where plants and animals live, and that habitat destruction remains the greatest threat to species' survival both in the United States and around the world.”
Habitat destruction threatens 92% of the 2,204 species, according to the analysis. Other notable threats include invasive species (33%), small population size (26%), climate change (18%), altered disturbance regime (12%), disease and predation (8%), over-utilization (7%), and inadequacy of existing regulations (4%).
Last week, in response to petitions from the center and other groups, the FWS announced that 10 species across the country—including the Olympic marmot, gray cat's eye plant, Alvord chub fish, Mount Pinos sooty grouse, and San Joaquin tiger beetle—warrant consideration for ESA protections.
"I'm relieved to see these 10 precious plants and animals move closer to the protection they so desperately need," said Greenwald. "Unfortunately they're joining a backlog of hundreds of species waiting for safeguards during an administration that didn't protect a single species last year—the first time that's happened since 1981. As the global extinction crisis deepens, imperiled wildlife need the Endangered Species Act's strong protections now more than ever."
"If a species as iconic as the African penguin is struggling to survive," said one researcher, "it raises the question of how many other species are disappearing without us even noticing."
A study published this week about tens of thousands of starving African penguins is highlighting what scientists warn is the planet's sixth mass extinction event, driven by human activity, and efforts to save as many species as possible.
Researchers from the South African Department of Forestry, Fisheries, and the Environment (DFFE), the United Kingdom's University of Exeter, and other institutions examined a pair of breeding colonies north of Cape Town, South Africa, and published their findings Thursday in Ostrich: Journal of African Ornithology.
"These two sites are two of the most important breeding colonies historically—holding around 25,000 (Dassen) and around 9,000 (Robben) breeding pairs in the early 2000s. As such, they are also the locations of long-term monitoring programs," said study co-author Azwianewi Makhado from the DFFE in a statement.
As the study explains: "African Penguins moult annually, coming ashore and fasting for 21 days, when they shed and replace all their feathers. Failure to fatten sufficiently to moult, or to regain condition afterwards, results in death."
The team found that "between 2004 and 2011, the sardine stock off west South Africa was consistently below 25% of its peak abundance, and this appears to have caused severe food shortage for African penguins, leading to an estimated loss of about 62,000 breeding individuals," said co-author and Exeter associate professor Richard Sherley.
The paper notes that "although some adults moulted at a colony to the southeast, where food may have been more plentiful, much of the mortality likely resulted from failure of birds to fatten sufficiently to moult. The fishery exploitation rate of sardines west of Cape Agulhas was consistently above 20% between 2005 and 2010."
Sherley said that "high sardine exploitation rates—that briefly reached 80% in 2006—in a period when sardine was declining because of environmental changes likely worsened penguin mortality."
Humanity's reliance on fossil fuels is warming ocean water and impacting how salty it is. For the penguins' prey, said Sherley, "changes in the temperature and salinity of the spawning areas off the west and south coasts of South Africa made spawning in the historically important west coast spawning areas less successful, and spawning off the south coast more successful."
The researcher also stressed that "these declines are mirrored elsewhere," pointing out that the species' global population has dropped nearly 80% in the last three decades. With fewer than 10,000 breeding pairs left, the African penguin was uplisted to "critically endangered" on the International Union for Conservation of Nature (IUCN) Red List of Threatened Species last year.
Sherley told Mongabay at the time that the IUCN update "highlights a much bigger problem with the health of our environment."
"Despite being well-known and studied, these penguins are still facing extinction, showing just how severe the damage to our ecosystems has become," he said. "If a species as iconic as the African penguin is struggling to survive, it raises the question of how many other species are disappearing without us even noticing. We need to act now—not just for penguins, but to protect the broader biodiversity that is crucial for the planet's future."
Looks like the combined effects of climate change and over fishing are key factors in decimating the populations of these penguins.www.washingtonpost.com/climate-envi...
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— Margot Hodson (@margothodson.bsky.social) December 5, 2025 at 4:46 AM
Fearful that the iconic penguin species could be extinct within a decade, the conservation organizations BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) last year pursued a first-of-its-kind legal battle in the country, resulting in a settlement with the commercial fishing sector and DFFE.
The settlement, reached just days before a planned court hearing this past March, led to no-go zones for the commercial anchovy and sardine fishing vessels around six penguin breeding colonies: Stony Point, as well as Bird, Dassen, Dyer, Robben, and St. Croix islands.
"The threats facing the African penguin are complex and ongoing—and the order itself requires monitoring, enforcement, and continued cooperation from industry and the government processes which monitor and allocate sardine and anchovy populations for commercial purposes," Nicky Stander, head of conservation at SANCCOB, said in March.
The study also acknowledges hopes that "the revised closures—which will operate year-round until at least 2033—will decrease mortality of African penguins and improve their breeding success at the six colonies around which they have been implemented."
"However," it adds, "in the face of the ongoing impact of climate change on the abundance and distribution of their key prey, other interventions are likely to be needed."
Lorien Pichegru, a marine biology professor at South Africa's Nelson Mandela University who was not involved in the study, called the findings "extremely concerning" and warned the Guardian that the low fish numbers require urgent action "not only for African penguins but also for other endemic species depending on these stocks."