Last month, the lesser prairie chicken lost its federal protections after a yearslong legal battle between conservationists and the oil and gas industry.
ɫ’s Morning Edition host Bryce Dix sat down with the ’s Michael Lozano to talk about why producers oppose formal protections for other endangered species – such as the dune sagebrush lizard.
MICHAEL LOZANO: We're for the protection of the habitat and, of course, the protection of the species, whichever species we're talking about. Of course, in this case, we're talking about the lesser prairie chicken.
Our history goes back to, for at least a decade now, working towards providing voluntary conservation agreements to ensure the protection of the habitat and the species. One of the challenges with the listing is that it was based on some flawed signs that we'll get into later, I'm sure.
But in particular, the real impact for us is that it would establish really pretty draconian restrictions on development of surface, and that's not just for oil and gas offers that would include your cattlemen, your agricultural folks, anyone that utilizes the surface for any sort of development, home builders, etc. These listings restrict those abilities, and they also don't necessarily create a benefit for the protection of the habitat or the species typically,
ɫ: You did mention "flawed science" about the federal protections for the lesser prairie chicken. What's so flawed about the science, in your eyes?
LOZANO: I think one of the challenges we had was the logical bifurcation between the northern region and the southern region, suddenly creating the threatened species in the north and the endangered species in the southern portion, recognizing they're all part of the same species. It felt, frankly, and I think the [U.S. Fish and Wildlife] Service determined that these population segments were distinct, and then the science, I think, proved that that was not the case. It's more of a decision than it is a scientific reasoning.
That concerned us. The court agreed, we agree, the [U.S. Fish and Wildlife] Service currently agrees. We want to continue to act and utilize, obviously, these voluntary private dollars working to conserve the species that do have benefits for operators, but also for the species too.
ɫ: States like New Mexico and Texas are seeing a . How can these endangered species protections stand in the way of oil and gas when the industry is making such a hefty profit?
LOZANO: Well, I think the challenge is less about what's occurred in the past but what could occur with a listing. So, in the past, we've not been operating under these obligations that basically prohibit surface use as they would under a habitat protection for listed endangered species, and so, you're absolutely right. Production in New Mexico has exploded ten fold.
We don't believe that oil and gas development and environmental stewardship are mutually exclusive. We know we can do both, and we do try to do both effectively pretty well. And that includes, when you look at some of these conservation agreements, is working with large range lands where we agree not to utilize that acreage for a development to help preserve species areas and areas for them to obviously increase in population numbers, mate, etc, and also develop natural resources as well.
ɫ: How do communities voluntarily conserve and preserve the lesser prairie chicken?
LOZANO: We functionally finance the stewardship of lands that other people may own in order to help preserve habitat there. So, we will agree to not graze or grow or drill on these large land tracks in order to help preserve the species in those areas.
ɫ: There's another species in the Permian that is endangered, the dune sagebrush lizard. I'm wondering if you all are hoping this same story will play out with this species in particular too. Are you hoping that there could be a possible rollback on these protections?
LOZANO: We call the restrictions based on the listing as "protections," and I think that's a great term. I would offer that our protections on conservation are, frankly, more substantive than the ones offered under a listing. So I would offer that first.
ɫ: But, they are only voluntary. They're not in statute.
LOZANO: I will offer this: if we have a listing, those voluntary programs would go away. There's not a mandated conservation effort. I'm not suggesting we want a mandated conservation effort, but I also am saying there are effective manners of protecting species outside of listings, and we hope to do that — and hope to do that with great success, both in this case and with the lizard.
To your point, there is no question that we have questions about the methodology by which they determined the population in totality. Because I think, at some point, you know, a lot of folks, I think rightfully, believe some of these species determinations were made purposely to address the development of industries. And again, whether that was agriculture, cattle, or us, it seems a little bit coincidental at best.
Just, I think, from our perspective, this kind of weaponization that it seems to have occurred deflects from serious species protections without great results, potentially.
This conversation has been edited for brevity and clarity.