Oct 9, 2014 Multi-Association Comments to the U.S. Fish and Wildlife Service on its Proposed Rule to Change the Destruction or Adverse Modification Definition Under the Endangered Species Act
Independent producers drill about 95 percent of American oil and natural gas wells, produce about 54 percent of American oil, and more than 85 percent of American natural gas. Many of their activities require federal permits, and thus are subject to the requirement that they not be conducted in such a way as to be likely to result in the “destruction or adverse modification” of any habitat that has been designated as critical for a listed species under the Endangered Species Act (ESA). For the reasons explained in detail below, IPAA in cooperation with the aforementioned associations request the proposed changes to the definition of “destruction or adverse modification” not be adopted.