This Comment illustrates, through a case study of the Delta smelt BiOp, the difficulties in making ESA jeopardy determinations for species on the brink of extinction. We conclude that the myriad challenges inherent in conservation of some small and declining populations make reasoned §7 analysis difficult, bordering on impossible.

In producing over 274 million barrels of oil, 3.3 billion cubic feet of natural gas, and 302 million tons of coal each year, the Bureau of Land Management’s (BLM’s) decisions significantly impact U.S. and global greenhouse gas emissions; fossil fuels produced on federal land account for almost 24 percent of all U.S. CO2 emissions. This Article provides a legal road map for BLM to require all new oil and gas development to achieve net-zero emissions as a condition of operation.