Oil and gas impacts cited in possible listing of dunes sagebrush lizard as endangered

A species of lizard that only resides in the Permian Basin but was believed to be in danger of extinction as oil and gas operations grew in the area could be afforded federal protections aimed at helping the animal survive. 

Environmentalists sought protections for decades for the dunes sagebrush lizard, but the U.S. Fish and Wildlife Service (FWS) announced on July 15 that the species would be considered for a listing under the federal Endangered Species Act (ESA).

A listing of threatened or endangered could increase federal land management guidelines to protect the lizard from the impacts of development.

It’s a move that was opposed by the oil and gas industry since the lizard was first proposed to be listed as an endangered species.

Traditionally, the lizard was found in a 655-square-mile area in Mescalero Sands that spans through Lea, Chaves, Roosevelt and Eddy counties and was also known to be active in West Texas.

The lizard thrives in the shinnery oaks that grow in the dunes, active between April and October, per a report from the FWS.

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It is described as growing to about three inches small, light brown and spiny with stripes on its body. It is known as an indicator species, meaning the species’ overall health could determine the health of the local environment it resides within.

The sand dunes in which the lizard makes its home were believed to be threatened by the mining of sand in the area for nearby hydraulic fracturing operations.

In its finding published July 16 in the Federal Register, the FWS said it found “the petition presents substantial scientific or commercial information indicating that listing the dunes sagebrush lizard may be warranted,” and announced that it will review its status and plan to determine if the animal would be listed in 12 months.

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Potential threats listed in the recent finding were oil and gas development and sand mining and climate change. The FWS also reported that it found current regulations could be inadequate to address such impacts.

The lizard was listed as endangered by the New Mexico Department of Game and Fish and proposed for a federal listing first in 2001.

In the meantime, candidate conservation agreements (CCAs) and candidate conservation agreements with assurances (CCAAs) were used to allow the government to partner with local land owners to conserve the lizard without needing federal protections which could cut off land uses.

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Under the agreements, conservation methods were undertaken.

This included allowing no surface occupancy by developments with 200 meter or areas designated as habitable by the lizard as determined by the U.S. Fish and Wildlife Service, New Mexico Department of Game and Fish and the Bureau of Land Management.

Developments already within these areas would be ordered to move, while off-road traffic would be banned along with chemical spraying.

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Invasive brush would also be removed to allow the shinnery oak to grow.

But Michael Robinson, at the Center for Biological Diversity, said such efforts were not successfully and adequately defending the lizard, and federal listing was needed to keep from becoming extinct.

“Ants and small beetles may tremble at the sight of this lizard, but it’s been in the fight of its life against the behemoth oil and gas industry,” Robinson said. “Federal protection is all that stands between the dunes sagebrush lizard and extinction.”

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While oil and gas activities in the Permian saw declines this year due to the market’s collapse amid the COVID-19 crisis, conservationists argued an expected resurgence in drilling and frac sand mining could be detrimental to the habitat that was already marginalized by years of activity.

The dunes sagebrush lizard’s habitat is made of three-foot high oak shrubs that anchor the dunes and offer the lizard shade in the arid desert climate of southeast New Mexico.

The dunes are only about 2 percent of the Permian Basin, read a report from the Center, but 100 percent of the lizard’s home.

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Not only could the habitat be destroyed by local industrial activity, but environmentalists cautioned that the release of toxic gases and emissions could kill off the animal itself.

“After years of political back and forth, it’s time to finally give the dunes sagebrush lizard the federal protections it desperately needs,” said Jason Rylander, senior counsel for Defenders of Wildlife. “Though this is only the first step on the road to recovery, we are hopeful for the future of this species.”

In June 2018, the Center for Biological Diversity teamed with Defenders of Wildlife to petition for a listing of threatened, contending the lizard could become endangered in the future, and a designation for the animal’s critical habitat.

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That petition remained active through 2018 and into 2019, calling on the U.S. Department of the Interior and then-secretary Ryan Zinke to act.

“The species is currently in danger of extinction (endangered species) or is likely to become an endangered species in the foreseeable future (threatened species) throughout all or a significant portion of its range,” read the petition.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.