Dunes sagebrush lizard now an endangered species

A lizard native to southeast New Mexico’s Permian Basin was afforded the highest level of federal protections aimed at preventing its extinction, triggering concerns that landowners and industries in the area could see added restrictions on access to the land.

The dunes sagebrush lizard was listed as endangered under the federal Endangered Species Act, per a decision issued May 17 by the U.S. Fish and Wildlife Service. An endangered listing means the agency believed extinction of the species was imminent, and requires the federal government establish and recovery plan and potential “critical habitat” where the lizard would be recovered.

This could restrict some uses of the land, namely oil and gas drilling and farming and ranching, and the move drew fears that the economic drivers of the region could be stymied for environmental conservation.

Emily Wirth, executive director of the Center for Excellence (CEHMM) said voluntary conservation practices intended to protect the lizard were underway by industry since 2008. She said candidate conservation agreements (CCAs) facilitated by CEHMM saw 3.1 million acres in New Mexico enrolled in the agreements, including 90 oil and gas companies.

Via CEHMM, enrollees moved 650 oil wells out of lizard habitat, Wirth said, aside from other wells operators moved on their own.

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She said it was “disappointing” that these efforts did not prevent a listing which Wirth worried could negatively impact land access.

“I think it’s very disappointing given the conservation efforts that have been ongoing since 2008,” she said. “The biggest thing we can do for the lizard is avoidance of habitat. “The industry has proactively been doing that on their own. It’s really disappointing the conservation efforts were not taken into account.”

With said landowners and operators can still enroll in CEHMM’s contracts ahead of the listing taking effect about 30 days after the announcement, and those enrolled will face no additional restrictions.

She pointed to a previous listing of the lizard in 2012, which was overturned, Wirth said, due to the ongoing conservation efforts taken by industry.

“Nothing has changed. To me, it doesn’t really make sense for the current listing in New Mexico specifically,” Wirth said. “We’re keeping industry on the ground working in the face of a listing. They have protections. Our agreements are the perfect balance by allowing conservation and economic development on the land.”

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Lizard protection opposed by oil and gas industry

The decision to list the lizard came after a 90-day public comment period, and a “rigorous review” of the scientific and commercial information, read the U.S. Fish and Wildlife Service announcement. The agency said critical habitat was expected to be designated, but not at the time of the listing decision.

The lizard is found only in the shinnery oak and sand dune ecosystems in southeast New Mexico and West Texas, occurring in about 4% of the 86,000 square miles that make up the Permian Basin, read the agency’s report. Key threats to the species were oil and gas development, mining and climate change, the report read.

The Fish and Wildlife Service said about 85% of the lizard’s range are covered by voluntary enrollments in programs like CEHMM’s, noting horizontal drilling techniques can often target underground oil reserves without locating wells within lizard habitat.

Amy Lueders, southwest regional director with the Services said the federal government expected to continue working with industry and landowners to conserve the species and restore its population.

“The Endangered Species Act is an important tool in preventing the extinction of imperiled species like the dunes sagebrush lizard,” she said. “The Service will continue working collaboratively with Tribes, industry, stakeholders, and private landowners while ensuring protections for the lizard and its habitat.”

Listing the dunes sagebrush lizard as endangered was celebrated by conservation groups, arguing stronger efforts were needed to prevent extinction. Michael Robinson with the Center for Biological Diversity in Silver City said the listing decision was delayed for decades but would help save the lizard.

“After four decades of the government sitting on its hands, these lizards are finally protected from oil spills and giant machines scooping up sand,” Robinson said. “Designating critical habitat will close any loopholes that might still allow the destruction of the beautiful oak-dotted dunes where these animals live.”

The listing was opposed by oil and gas industry leaders in New Mexico. In comments submitted Oct. 2, 2023 the Independent Petroleum Association of New Mexico (IPANM) argued oil and gas was produced “responsibly” in dunes sagebrush lizard habitat, pointing to the CCAs the trade group’s member companies already participated in.

IPANM was joined by national fossil fuel groups the American Petroleum Institute and Western Energy Alliance in submitting comments against the listing when it was proposed last year.

IPANM Executive Director Jim Winchester wrote that the Fish and Wildlife Service should withdraw the listing decision as he said it would increase costs for operators, delay projects and create regulatory uncertainty for company’s operating in New Mexico.

“An endangered listing will have a significant impact on the IPANM members business planning and operations by increasing operational costs, delaying project timeframes, and limiting or precluding operations in certain areas, he wrote.

“In particular, the proposed rule makes arbitrary conclusions based on use of inaccurate habitat mapping, and significantly outdated forecasts on energy development based upon development practices no longer employed in west Texas and eastern New Mexico.”

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on the social media platform X.

This article originally appeared on Carlsbad Current-Argus: Oil and gas against dunes sagebrush lizard protection in New Mexico