Biodiversity Policy Engagement Analysis
Biodiversity Lobbying Overview: The American Petroleum Institute (API) appears to be engaging on policy to address biodiversity loss and protect endangered wildlife, with mostly negative positions that appear to aim to weaken or block regulation.
Top-line Messaging on Biodiversity Loss: API has very limited top-line messaging on biodiversity loss. API appears to have had limited acknowledgement of the science showing unprecedented biodiversity loss, the need for urgent action to reverse this trend or the need for government regulation. In November 2022, API published its guidelines on conservation, stating support for conservation, but remained unclear on the need for drastically increased action to prevent biodiversity loss.
Engagement with Biodiversity-Related Regulations: API has engaged negatively on a wide variety of policies intended to prevent biodiversity loss due to land use change and pollution. In a January 2020 press release, API expressed support for the Trump administration's Navigable Waters Protection Rule which introduced a narrower definition of wetlands and streams falling under federal protection, thus weakening the Water of the United States (WOTUS) legislation. In February 2022, API (as part of the Waters Advocacy Coalition) submitted a comment to the Environmental Protection Agency opposing the Biden Administration's proposed new WOTUS rule. In a June 2022 press release, API opposed strengthening Section 401 of the Clean Water Act (CWA) (weakened under the Trump administration) to enable Indigenous Peoples and Local Communities (IPLCs) to review projects which may result in a pollutant discharge in navigable waters. In April 2022, API submitted an Amicus Brief in the Sackett v. EPA case, advocating against wetlands (and potentially some streams) falling under federal protection under the Clean Water Act. In July 2023, the Waters Advocacy Coalition submitted a comment to the EPA advocating to weaken the Biden Administration's proposed new Water of the United States Rule, following the Sackett v. EPA ruling.
In August 2021, API along with 11 other energy industry trade groups filed a lawsuit to challenge the Department of the Interior’s indefinite pause on oil and gas leasing of federal lands and waters. In November 2020, Mike Sommers stated that the API would be prepared to take legal action if the Biden administration issued a ban on hydraulic fracturing on federal lands. In a June 2022 letter in response to the war in Ukraine, API called on President Biden to lift development restrictions on federal lands and waters and limit environmental review permitting processes. In August 2023, API was a signatory in a joint letter addressed to the President of the United States advocating for the opening of federal waters under the National Outer Continental Shelf Oil and Gas Leasing Program (five-year leasing program), allow for oil and gas exploration.
API has been active in advocating for the development of oil and gas drilling in the Arctic National Wildlife Refuge (ANWR), including via press releases and social media in 2021.
Positioning on Statutory Protection of Wildlife: API appears to have taken negative positions on legislation giving statutory protection to wildlife. In March 2020, API expressed its support for the Trump administration’s 2021 Migratory Bird Treaty Act Rule, which intended to remove the prohibition of incidental take of migratory birds. In response to a March 2021 consultation response, the API urged policymakers to uphold the 2021 Migratory Bird Treaty Act Rule.
The API has also engaged against the protection of specific species under the Endangered Species Act. In a consultation response from April 2021, the API directly opposed the designation of critical habitat for arctic ringed seals under the Endangered Species Act. As part of a coalition letter to the Fish and Wildlife Service in May 2022, API opposed the listing of the northern long-eared bat as endangered. In August 2022, API did not support proposed amendments to the Endangered Species Act which would allow the release of endangered or threatened species into the wild outside the current range of the species in a comment to the Fish and Wildlife Services.