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EELP Staff Attorney Erika Kranz talks with Andy Mergen, Director of the Harvard Emmett Environmental Law & Policy Clinic, about the recent decision to exempt oil and gas exploration and development in the Gulf of Mexico from complying with the Endangered Species Act.
The administration has invoked a never-before-used national security provision to bypass the Endangered Species Committee’s normal, process-intensive exemption procedure. Andy and Erika break down how the Act usually works and why this maneuver is so legally extraordinary. They discuss why the administration’s litigation-focused explanation is surprising, how this approach short-circuits potential action by courts and Congress, what may happen with legal challenges to this exemption decision, and what it may mean for endangered species protections in the Gulf. Note: Andy’s views are his own.
Transcript: https://eelp.law.harvard.edu/wp-content/uploads/2026/04/CleanLaw-EP113-Transcript.pdf
