
Citrine Briseno
Intern
57 projects impacting Texas wetlands fast-tracked under "energy emergency" executive order
Intern
Executive Director, Environment Texas Research & Policy Center
The recent Executive Order 14156, which declares a “national energy emergency”, has escalated the threats facing Texas wetlands. By fast-tracking development and industrial projects, the order weakens environmental regulation, putting many acres of wetlands at risk all over the United States. The US Army Corps of Engineers has already marked over 600 project applications for expedited review, including 57 in Texas. These accelerated energy projects have bypassed traditional permitting safeguards which could lead to the degradation of Texas’ wetlands with little oversight. The “energy emergency” permit is also likely to evade environmental review and reduce the opportunity for local communities to object.
Map of Emergency Permits as a result of Executive Order 14156Photo by Center for Biological Diversity | Used by permission
This Order follows the 2023 Sackett v EPA decision which narrowed the definition of federally regulated bodies of water under the Clean Water Act. Sackett’s ruling limited the amount of wetlands eligible for defense excluding those that lack “continuous surface connection” to other US waters. Since Texas lacks independent water protection, wetlands in the state face weak legal protection leaving them particularly exposed to unchecked development.
Beyond oil and gas expansion projects, the broad scope of Executive Order 14156 has marked unrelated projects for fast tracked permits. Permit approvals for developments, such as a proposed gold mine and housing subdivisions, are now receiving expedited review under the guise of an “energy emergency.” This development will evade critical environmental oversight, causing wetlands to be dredged, filled, or damaged.
With Texas’ 3.9 million acres of wetlands already under pressure, the projects threaten to severely impact or destroy over a hundred acres.
One project in Jefferson County would cause permanent impact to 51 acres of wetlands adjacent to Taylor Bayou. Taylor Bayou is an essential habitat for many plant and wildlife species and is an important migratory stop for many birds, including the Bald Eagle. Another project in Jefferson county expects fill material to be discharged into 215 acres of wetlands along Taylor Bayou.
Taylor Bayou in Jefferson CountyPhoto by Patrick Feller | CC-BY-2.0
In Port Aransas, one project is expected to discharge material discharge into 13.9 acres of wetlands near Port Bay and Copano Bay.
Fishing Pier in Aransas BayPhoto by Andy | CC-BY-SA-2.0
Another permit would allow construction of two oil terminals as well as a 50 mile pipeline. These projects would disrupt 101 acres of wetlands from Oyster Creek to Terrance County.
Oyster Creek in Brazoria CountyPhoto by City of Oyster Creek | Public Domain
Without action, Texas will continue to lose its wetlands and the essential ecosystem services they provide, creating lasting and potentially irreversible environmental harm.
Wetlands are vital ecosystems made in the transition between land and water. These terrains appear in unique ways throughout Texas regions, ranging from lakes and riverbanks to areas with heavy rainfall, aquifers, coastal bays, and estuaries. Destruction of our wetlands could force Texans to face increased flooding, declining water quality, and reduced biodiversity.
Types of wetlandsPhoto by TPWD | Public Domain
Vital Habitats
Many Texas wetland species are already listed as endangered or threatened, as their habitats have shrunk by an estimated 52% as of 1990. Wetlands are a crucial stop in migratory bird routes, as hundreds of ducks, geese, and shore birds escape harsh northern winters by travelling to Texas. As wetland loss continues many species of fish, amphibians, reptiles, and plants, are expected to face accelerated extinction rates.
Cagle’s Map Turtles, a native Texas species, are listed endangered on the International Union for Conservation’s Red List.Photo by Mokele | CC-BY-3.0
These ecosystems often create economic opportunities through tourism and recreational activities such as kayaking, boating, and camping. Wildlife watching and hunting has brought millions of people to Texas wetlands, generating higher spending on lodging, travel, licenses, equipment, and renting services. Additionally, Texas fishermen bring in millions of dollars annually from wetland dependent species of fish and shrimp.
Protects Texas Cities
Wetlands are estimated to have provided billions of dollars worth of storm protection benefits and reduced copious amounts of property and infrastructure damage from flooding. They have the natural ability to divert and store water, protecting thousands of people each year. Along the Gulf Coast certain wetlands have been shown to reduce storm damage by up to 70%. The lush soil-stabilizing vegetation common to wetlands, slows storm flow which can lead to reduced flood risk.
On the coast, the roots of wetland vegetation hold the sediment in place to prevent land erosion. Wetlands also act as a natural barrier to sea level fluctuations, and a buffer for storm surges. This is especially vital during large tropical storms, like Hurricane Harvey in 2017, as it reduces inflow coastal floods. Their destruction could lead to increased taxpayer spending on flood infrastructure and storm relief measures.
Freshwater Maintenance
Wetlands play an important role in maintaining and preserving our freshwater sources like rivers, streams, and aquifers. Aquifers provide more than 50% of Texas’ water and are essential for arid regions, especially in times of drought. The long roots of wetland plants, such as cattails, hold the soil in place while facilitating the flow of water into deep fissures underground. This slows the flow of rain and allows the water to slowly seep into aquifers.
Wetlands also have the ability to absorb pollutants and sediments from runoff or wastewater through elaborate filtering mechanisms. This prevents the degradation of our water by purifying it and breaking down waste. Soil, plant, and microbial uptake, along with other sequestration processes, can convert otherwise harmful chemicals into nutrients for shrimp and crabs. These functions make it easier to deliver clean drinking water to Texas residents.
Public Health
The sequestration process of wetlands captures harmful greenhouse gases like carbon dioxide, methane and nitrous oxide storing them in the soil. On the Texas gulf coast, it is estimated wetlands capture 2.8 million metric tons of CO₂ equivalent every year, helping to mitigate climate change. These captured greenhouse gases however, can be re-released as wetlands are drained or as droughts increase.
Additionally, wetland filtering is essential for reducing exposure to dangerous pathogens and waterborne disease that could pose serious threats to public health. As wetlands receive increased nutrient rich run-off, the reproduction of diseased organisms is accelerated. This has the potential to infect wildlife and fish harvest.
With decreasing availability of wetlands, density driven diseases, such as avian influenza (bird flu), have a higher risk of outbreaks. Wetland-dependent species are forced to live in closer concentrations, increasing interactions and the likelihood of mass outbreak.
Executive Order 14156 prioritizes industrial development over environmental protection. By fast-tracking permitting processes, projects would be allowed to proceed without necessary review, putting Texas wetlands in jeopardy. Intervention is needed to prevent permanent alterations to the state’s natural landscape and human communities. To mitigate these threats, Texas must adopt stronger independent wetland protections, permitting processes, and invest in restoration initiatives. Our state environmental programs need the authority to regulate Texas wetlands beyond the narrow scope of the federal definition. By doing so we can ensure their conservation.
The implementation of mitigation banks also presents an opportunity to help balance wetland destruction from development by assigning designated restoration areas. They aim to offset the loss of ecological functions from disrupted wetlands.
To protect these vital ecosystems, Texans can urge their state legislatures to pass independent wetland regulations, or participate in local restoration projects. Together we must stand against unchecked degradation of our wetlands!
Intern
Citrine Briseno is a UT student studying Sustainability and Marine Science. She is passionate about environmental advocacy and plans to work in marine conservation in the future.
As the executive director of Environment Texas, Luke is a leading voice in the state for clean air and water, parks and wildlife, and a livable climate. Luke recently led the successful campaign to get the Texas Legislature and voters to invest $1 billion to buy land for new state parks. He also helped win permanent protection for the Christmas Mountains of Big Bend; helped compel Exxon, Shell and Chevron Phillips to cut air pollution at four Texas refineries and chemical plants; and got the Austin and Houston school districts to install filters on water fountains to protect children from lead in drinking water. The San Antonio Current has called Luke "long one of the most energetic and dedicated defenders of environmental issues in the state." He has been named one of the "Top Lobbyists for Causes" by Capitol Inside and received the President's Award from the Texas Recreation and Parks Society for his work to protect Texas parks. He is a board member of the Clean Air Force of Central Texas and an advisory board member of the Texas Tech University Masters of Public Administration program. Luke, his wife, son and daughters are working to visit every state park in Texas.