A Texas rancher filed a complaint against ConocoPhillips last Thursday, seeking to enjoin the oil and gas company from drilling wells on his property, which he claims will destroy the habitat of the Gulf Coast jaguarundi, an endangered species of wildcat.
Plaintiff Lloyd Michael Hamilton and nine others have seen several jaguarundis on his ranch near the city of Cuero in DeWitt County, according to court documents. Jaguarundis are distinguishable because of their varying colors, which can be charcoal, red, blonde or a combination of colors.
Hamilton is suing ConocoPhillips and its subsidiary Burlington Resources Oil & Gas Co. LP for allegedly violating the Endangered Species Act by beginning construction on a new drill pad and bulldozing an access road in an area that is known to be ideal habitat for the endangered cat.
“Defendants intend to use a drill pad of six to twelve acres in size, an access road bulldozed through ‘ideal habitat,’ and construct a pipeline and a power line corridor, on Plaintiff’s
Land,” the complaint states. “Further, they intend to drill six to twelve oil and gas wells, then use high pressure equipment to ‘frac’ the wells, build production facilities including a several mile long pipeline and possibly a compressor station to pressurize the natural gas in order to put it into a pipeline proposed to be built.”
The Gulf Coast jaguarundi was placed on the Endangered Species List in 1975 and was believed by some to have been extinct since the 1980s. Only slightly larger than a housecat, jaguarundis have distinctly long bodies and short legs, giving them the nickname of “otter cats.”
Hamilton claims ConocoPhillips was informed by the U.S. Fish and Wildlife Service as early as July 2020 that there were credible reports of jaguarundis on the land in question, and was advised to submit a habitat conservation plan pursuant to Section 10 of the Endangered Species Act. However, defendants ignored this information and began construction, leveling a substantial portion of a hill to create a 31-foot high drill pad. Despite protests from the USFWS, construction continued until a state court issued a temporary restraining order.
“Defendants have already violated Section 9 of the Endangered Species Act by degrading ‘suitable habitat’ through habitat modification, noise disturbance, and human activity resulting in significant disruption and impairment of feeding, breeding, and sheltering behaviors of the Gulf Coast Jaguarundi,” the complaint states.
Along with permanent injunction on drilling activities on his ranch in known jaguarundi habitat, Hamilton is seeking a daily civil penalty of up to $54,167 per day payable to the federal government for ConocoPhillips’ violations of the Endangered Species Act.
The plaintiff is represented by Irvine & Conner PLLC.
