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Rare Lizard Found In Major US Oil Patch Proposed As Endangered Species

ALBUQUERQUE, N.M. -- U.S. Wildlife managers on Friday proposed federal protections for a rare lizard found only in parts of one of the world's most lucrative oil and natural gas basins.

The U.S. Fish and Wildlife Service said the dunes sagebrush lizard should be listed as an endangered species due to the ongoing threats of energy development, mining and climate change in southeastern New Mexico and West Texas. The agency will be collecting public comments on the proposed listing through Sept. 1.

Environmentalists have been pushing for protections for the reptile for decades, resulting in petitions and lawsuits. There have also been conservation agreements, but some groups have criticized them for not doing enough to protect the lizard's habitat.

The Center for Biological Diversity sued in 2022, accusing the agency of stalling on issuing a decision. The Fish and Wildlife Service, as part of a court-approved agreement, faced a June 29 deadline for making a determination on whether listing was warranted.

"The dunes sagebrush lizard is marvelously adapted for life in extreme environments but it needs our help to survive the oil and gas industry's destruction," Michael Robinson, with the Center for Biological Diversity, said in a statement. "The Service needs to move quickly to implement these long-overdue protections."

Robinson said the 2.5-inch (6.4-centimeter) long lizard has the second smallest range of any lizard in North America.

Biologists aren't able to say how many lizards might exist because there are so few of them and they're hard to detect, making precise counts very difficult. However, they note there are fewer lizards detected in areas where there are more oil and gas wells or areas where habitat has been disturbed.

Light brown and spiny, the lizard lives in sand dunes and among shinnery oak, where it feeds on insects and spiders and burrows into the sand for protection from extreme temperatures.

Much of the lizard's remaining habitat has been fragmented, preventing the species from finding mates beyond those already living close by, according to biologists.

Oil and gas operators and ranchers in the Permian Basin have strongly opposed listing the reptile as an endangered species, saying doing so could disrupt businesses and add extra costs. They have argued that oil and gas companies already have spent millions of dollars on conservation efforts, including through voluntary agreements reached with wildlife managers.

Environmentalists first petitioned for the lizard's protection in 2002, resulting in a 2010 finding by federal officials that the species warranted protection. That prompted an outcry from some members of Congress and communities in both states that rely on oil and gas development for jobs and tax revenue.

Several GOP congressional members sent a letter to officials in the Obama administration asking to delay a final decision.

In 2012, federal officials decided not to bestow protections on the reptile. Then-U.S. Interior Secretary Ken Salazar said at the time that the much-anticipated decision over the lizard was based on the "best available science" and because of voluntary conservation agreements in place in New Mexico and Texas.

In New Mexico and Texas, federal officials said around 100 ranchers and 100 oil and gas companies have enrolled in voluntary conservation agreements. The enrollments cover nearly 85% of the lizard's range within New Mexico.

The Fish and Wildlife Service said Friday that the current determination that a listing was warranted came after "a rigorous review of the best available scientific and commercial information."

The agency also said it would be prudent to set aside habitat for the lizard but did not comment further.

Lizard Threatens Energy Industry Again

Congressman August Pfluger, State Sen. Kevin Sparks and the Permian Basin Petroleum, Texas Oil & Gas and Texas Independent Producers & Royalty Owners associations are incensed that the U.S. Fish & Wildlife Service has declared the Dunes Sagebrush Lizard an endangered species and wants to shut down production in nine counties of the Permian Basin.

With the feds thus far having been unable to take an accurate census of the skittish three-inch-long brown lizards, their population is estimated at 10,000 to 100,000.

Pfluger on Thursday introduced his Incredulous Zealots Against Restricting Drilling (LIZARD) Act, saying, "Listing the sagebrush lizard under the Endangered Species Act is an incredible threat to the production of the oil, natural gas, wind and solar energy developed in the Permian Basin.

August Pfluger

"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," the San Angelo Republican said from Washington. "Biden's 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 protects energy security and jobs in the Permian by nullifying his latest attack."

As of Dec. 31, 2022, through state and private conservation efforts in New Mexico alone, Pfluger said,1,905,120 acres had been enrolled in a Candidate Conservation Agreement and Candidate Conservation Agreement with Assurances by the ranching community and 2,230,066 acres in the CCA and CCAA by the oil and gas industry to protect the Dunes Sagebrush Lizard.

"These enrollments have resulted in a net acreage conservation gain for the species' habitat and associated financial contributions have helped fund dozens of reclamation and conservation programs to support the species while still affording the development of natural resources and human existence in the region," he said.

The lizards' habitat is in the counties of Andrews, Crane, Gaines, Ward and Winkler in Texas and Chaves, Eddy, Lea and Roosevelt in New Mexico.

Sparks said the FWS's cynical pronouncement "is a clear case of federal regulatory overreach.

Kevin Sparks

"The ESA was implemented in order to protect clearly endangered animals and to my knowledge there have been no conclusive studies that show that the Dunes Sage Brush Lizard has experienced any significant harm from the oil and gas industry in Texas," said the Midland Republican who represents Ector County.

"I intend to submit a comment to the Environmental Protection Agency strongly opposing the adoption of this rule so that the unelected bureaucrats in Washington will have no excuse to say that they are unaware of the severe economic harm they are about to potentially inflict on countless oil and gas workers in my district, not to mention the significant inflationary impact this could have on all Americans as it would certainly have an effect on the global price of oil," Sparks said.

"Washington continues to push radical climate initiatives at the expense of all citizens."

PBPA President Ben Shepperd said the FWS's action just before Fourth of July was unpatriotic.

"The day before Americans began the weekend celebration of our independence, the U.S. Fish and Wildlife Service announced that it would be proposing the listing of the Dunes Sagebrush Lizard as endangered under the Endangered Species Act," Shepperd said. "Not only does this continue what has become a tradition of this administration, announcing major regulatory action on the eve of national holidays, it is once again an attack against American independence and the most prolific energy-producing region in the United States, the Permian Basin.

President of the Permian Basin Petroleum Association Ben Shepperd speaks during a press conference Thursday, Sept. 2, 2021, at the Permian Basin Petroleum Museum in Midland. (Eli HartmanOdessa American)

"Energy production in the Basin, which is a national leader not just in oil and natural gas production but also in wind and solar energy, provides energy independence to our nation. The listing of the Dunes Sagebrush Lizard under the Endangered Species Act when there has been such a tremendous state and private conservation initiative to protect the species and its habitat is a slap in the face not just to state and private conservationists but to all those around the world who rely on the energy produced in Southeast New Mexico and West Texas to provide a better quality of life."

Shepperd said his organization "stands by the contributions and work put in by state and private participants to protect the species and believes further federal overreach and interference will only stand to harm the conservation work that has been done, not to mention the people and communities of the Permian Basin.

"We are disappointed but unsurprised that the U.S. Fish and Wildlife Service continues to serve as a tool for radical environmentalists and opponents of domestic energy production," he said. "The Biden Administration continues to lament domestic energy production, regardless of the type, out of one side of their mouth while whispering directives to agencies to quash it on the other.

"We encourage congressional action just like Congressman Pfluger's LIZARD Act to reform the Endangered Species Act to prevent its weaponization and encourage the voluntary plans that have proved to protect species and their habitat."

Todd Staples

TXOGA President Todd Staples said the energy industry "has been clear in demonstrating its continued commitment to sustained responsible development.

"Voluntary efforts have resulted in millions of dollars invested and countless hours of research aimed toward ensuring an appropriate balance between protecting the Dunes Sagebrush Lizard while responsibly growing jobs and our economy through the development of oil and natural gas," Staples said from Austin.

"Positive, meaningful actions by industry and ranching are the most effective way to reach a balance that enables citizens to benefit from a growing economy and sound environment."

TIPRO President Ed Longanecker said from Austin that the Texas oil and gas industry has worked with regulators, landowners and other stakeholders for over a decade to protect the lizard.

"Much of the Dune Sagebrush Lizard's habitat, nests and food resources exist within the Permian Basin in Texas and New Mexico and conservation efforts have enabled these habitats to co-exist alongside energy development in the Basin, which accounts for nearly 40 percent of all domestic oil production and more than 10 percent of all U.S. Natural gas," Longanecker said.

"In 2012 the Texas Conservation Plan finalized a candidate conservation agreement with assurances to protect the Dunes Sagebrush Lizard. This agreement, with consultations from the Texas Railroad Commission and the Texas oil and gas industry, created key initiatives to protect the species such as avoiding their natural habitats of dunes and swales, improving management of waste and using remote well monitoring to reduce traffic around its habitat.

"Then-Interior Secretary Ken Salazar said the agreement was "the right thing for conservation and the right thing for the economy," the TIPRO leader said.

"Salazar said then, 'My goal is to implement a 21st Century conservation agenda and when I see 600,000 acres-plus and I see most of the lizard habitat protected, that is a major victory for conservation.'"

Longanecker said that agreement was also praised by groups like the Environmental Defense Fund.

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Rare Lizard Proposed As An Endangered Species

U.S. Wildlife managers on Friday proposed federal protections for a rare lizard found only in parts of one of the world's most lucrative oil and natural gas basins.The U.S. Fish and Wildlife Service said the dunes sagebrush lizard should be listed as an endangered species due to the ongoing threats of energy development, mining and climate change in southeastern New Mexico and West Texas. The agency will be collecting public comments on the proposed listing through Sept. 1.Environmentalists have been pushing for protections for the reptile for decades, resulting in petitions and lawsuits. There have also been conservation agreements, but some groups have criticized them for not doing enough to protect the lizard's habitat.Oil and gas operators and ranchers in the Permian Basin have strongly opposed listing the reptile as an endangered species, saying doing so could disrupt businesses and add extra costs. They have argued that oil and gas companies already have spent millions of dollars on conservation efforts, including through voluntary agreements reached with wildlife managers.Biologists aren't able to say how many lizards might exist because there are so few of them and they're hard to detect, making precise counts very difficult. However, they note there are fewer lizards detected in areas where there are more oil and gas wells or areas where habitat has been disturbed.Much of the lizard's remaining habitat has been fragmented, preventing the species from finding mates beyond those already living close by, according to biologists. In New Mexico and Texas, federal officials said around 100 ranchers and 100 oil and gas companies have enrolled in voluntary conservation agreements. The enrollments cover nearly 85% of the lizard's range within New Mexico.

ALBUQUERQUE, N.M. —

U.S. Wildlife managers on Friday proposed federal protections for a rare lizard found only in parts of one of the world's most lucrative oil and natural gas basins.

Much of the lizard's remaining habitat has been fragmented, preventing the species from finding mates beyond those already living close by, according to biologists.

Fish and Amphibians