Will Texas Politicians Ever Grow A Pair?

Will Texas Let EPA’s Lizard Choke West Texas Oil Industry To Death?

from Texas Tenth Amendment Center

(Editor’s Note: It appears that there is no affront…no violation of individual property rights…no Federal intrusion into State sovereignty…no blatant power grab by Washington…no level of tyranny…that the Austin politicians will stand and fight. When it comes down to secession and Texas Independence, Texans will have to look to non-politicians to become a new nation.The EPA has no jurisdiction in a New Texas.)

A three-inch lizard that thrives in desert conditions could shut down oil and gas operations in portions of Southeast New Mexico and in West Texas, including the state’s top two oil producing counties.

Called the Dunes Sagebrush Lizard, it is being considered for inclusion on the federal Endangered Species listing by the U.S. Fish and Wildlife Service. A public rally to oppose this move is being sponsored by the Permian Basin Petroleum Association on Tuesday, April 26 at Midland Center beginning at 5 p.m. Congressman Mike Conaway will speak, as will Land Commissioner Jerry Patterson; other public officials have been invited.

”We are very concerned about the Fish and Wildlife Service listing,” said Ben Shepperd, president of the PBPA, noting the service also has proposed listing the Lesser Prairie Chicken next year. “The wolf at the door is the lizard; we’re concerned listing it would shut down drilling activity for a minimum of two years and as many as five years while the service determines what habitat is needed for the lizard. That means no drilling, no seismic surveys, no roads built, no electric lines.”

The move would impact activity in Andrews, Crane, Gaines, Ward and Winkler counties in Texas and Chaves, Eddy, Lea and Roosevelt counties in New Mexico.

Not only would the move impact oil and gas operations but agriculture, Shepperd noted, shutting down agricultural activities like grazing and farming — “anything that disturbs the habitat.” While the industry is perfectly willing to undertake conservation measures to protect the lizard’s habitat, he said, naming it an endangered species “would shut down activity and be devastating not only to Permian Basin economies but to the national economy. We are the one bright spot month after month; in our economic turnaround, the main driver is the oil and gas industry.”

The concern is, he said, that the Fish and Wildlife Service lacks enough data to conclude that the tiny lizard is endangered and is basing its action on flawed methodology. “They didn’t spend enough time looking for them or the right technique to find them,” he said.

In New Mexico, where the lizard can be found on both private and public lands, Shepperd said a number of companies have entered into voluntary agreements to help conserve the lizard’s habitat, mitigate threats to the lizard and remediate any damage while continuing to operate. He said he wants the same to happen in Texas. The association favors such joint agreements between the federal government and landowners to protect the lizard’s habitat while allowing drilling operations to continue responsibly.

”The point is, we think the best way is for land owners and industry actually on the ground where the lizards are, who know how to protect the lizard, to be in charge instead of the feds putting up ‘Do Not Enter’ signs on every gatepost,” Shepperd said.

A sign of hope is that four counties — Lea, Andrews, Ward and Winkler, and the town of Monahans, have passed resolutions demanding to have standing during the comment phase, which ends May 16. Under the National Environmental Protection Act, or NEPA, Shepperd said, the federal government is required to work with local governmental entities when they make such a request.

”This will enable them to bring in the economic impact,” he said. “We feel like the counties demanding to be part of the process should require the Fish and Wildlife Service to work with them to develop a reasonable conservation process that we all can live with.”