The Fragment: February 2026 Policy Brief

Welcome to the very first publication of The Fragment, our student voices platform! This policy brief was written by our talented and observant Biodiversity Policy Interns, Jacob Pirosko and Arif G. The brief identifies conservation policy-relevant developments from Pima County to the high seas. Find Jacob and Arif's "key takeaways" throughout the brief that put developments into conservation context. At the end, they've articulated three reasons why policy matters for biodiversity conservation. 

February 2026 Policy Brief

Authors: University of Arizona seniors Jacob Pirosko and Arif G. 

Executive Summary

•        Arizona AG Kris Mayes filed a formal appeal challenging the ACC’s approval of a special energy agreement between TEP and Beale Infrastructure for Project Blue. She argues the agreement lets TEP and the developer set their own electricity rates without public oversight, which would violate the Arizona Constitution (1).

•        Marana residents submitted roughly 2,800 referendum signatures to challenge the Town Council’s rezoning of 600 acres for a data center, but the petitions were rejected because they didn’t include the legal property description required by Arizona law. The 30-day window to refile has already closed (2).

•        The USFWS announced over $1.2 billion in Wildlife and Sport Fish Restoration funding to support state conservation and public land access programs (3).

•        The EPA proposed a new Clean Water Act Section 401 rule that would cut back state and tribal authority to review federally permitted projects, removing one of the few tools tribes have to enforce treaty rights and protect water quality (4).

•        The CBD’s SBI-6 wrapped up in Rome on February 19, with progress on biodiversity finance, gender-responsive approaches, and capacity-building ahead of COP 17 in Yerevan, Armenia (5).

•        Data center governance is quickly becoming one of the defining policy fights in Arizona. Between the lawsuits, the energy rate disputes, and the failed referendum, it’s clear that communities are struggling to find effective ways to push back against projects already approved by local officials. 

•        Energy governance decisions, such as unregulated electricity pricing or large-scale data center development, can significantly threaten biodiversity and increase rates of loss.

•        Land-use policies that prioritize short-term economic gains over ecological considerations can lock in long-term systems that severely damage vital ecosystems.

•        Institutional authority across federal, state, and tribal governments shapes the capacity for biodiversity conservation, as shifts in governance can either strengthen or weaken environmental protection.

Pima County

Project Blue Land Sale Closes; Construction Moves Forward: The sale of Pima County land to Beale Infrastructure for the Project Blue data center closed on Christmas Eve 2025 and was formally confirmed in early February. Beale waived closing conditions related to annexation, water, and electricity, meaning the project is moving forward on county land without any City of Tucson involvement. The developer has already submitted site and building permit applications for the first phase. Reporting now indicates the end-user may be Meta rather than Amazon Web Services, since the switch to an air-cooled system reportedly drove AWS away (1). This shift is worth tracking as Meta and AWS have differing track records on sustainability commitments in relation to community engagement.

AZ AG Mayes Appeals ACC Approval of TEP-Beale Energy Agreement: On February 19, Arizona Attorney General Kris Mayes filed an appeal in Maricopa County Superior Court, pursuant to the Arizona Corporation Commission’s 4-1 December vote that approved a special energy supply agreement between TEP and Beale Infrastructure. The core issue is a provision that would let TEP and Beale change electricity rates by mutual agreement without acquiring ACC’s permission. Mayes argues that this violates the Arizona Constitution, which gives the Commission exclusive ratemaking authority. For context, TEP estimates it will be providing 286 megawatts to the project by 2028, which is enough energy to cool around 57,000 homes. This appeal comes after the ACC denied Mayes’s January request for a rehearing (1) (2). 

TEP Rate Hike Challenge: On February 11, Arizona Attorney General Kris Mayes filed expert testimony with the ACC showing that TEP’s proposed 14% rate increase could be cut down to 4% while still maintaining reliable service. The testimony argues that customers are being asked to subsidize shareholder profits by about $148 million per year. TEP’s parent company, Fortis Inc., reported $1.6 billion in net earnings in 2024, which makes the request for increased taxpayer funds harder to justify (1). 

Key Takeaway: TEP’s proposed rate increase, in the context of Arizona AG Mayes' expert testimony, is a check on the private electricity market, which reflects a policy market mechanism used to regulate the private sector. Electricity regulation affects water policy, which in turn greatly impacts biodiversity conservation, making the tracking of the testimony important for achieving desirable ecological outcomes in the Southwest.

Arizona

Marana Data Center Referendum Rejected: Marana residents submitted about 2,800 signatures on each of two referendum petitions on February 4th, trying to overturn the Town Council’s unanimous January 6 vote to rezone 600 acres for a Beale Infrastructure data center campus. Marana officials have argued that the town lacks the proper statutory authority to withdraw referendum petitions and is thus required to complete the review process. The filing group, Worker Power, has tried to withdraw the petitions before a ruling was rendered, which the No Desert Data Center Coalition publicly called a “betrayal of trust” (1) (2). 

Key takeaway: Local zoning decisions can have a significant impact on biodiversity, as the industrial use of land can permanently convert desert habitat and fragment ecosystems.

Mexican Wolf Delisting Bill Advances: H.R. 4255, the Enhancing Safety for Animals Act, would delist the Mexican wolf from the Endangered Species Act, ending federal monitoring and recovery efforts. It was amended and approved by the House Natural Resources Committee on January 22 and is now waiting on a possible House floor vote. The Mexican wolf is one of the most endangered subspecies in the U.S. If passed, the species would be left to state-level management that has historically not prioritized recovery (1). 

Key takeaway: Ending federal monitoring and recovery investments would be a serious blow to decades of reintroduction work in the Southwest.

Beat Back Buffelgrass Continues: The ongoing effort to combat invasive buffelgrass in the Sonoran Desert continued through February, with volunteers pulling the plant during its dormant season to protect saguaros and native ecosystems. This remains one of the most important community-driven conservation efforts in Southern Arizona, and participation from all community members is needed to keep buffelgrass from taking over even more of the Sonoran Desert (1).

Key takeaway: Buffelgrass is a multi-jurisdictional threat not only to biodiversity, but to land as well. To be managed properly, the invasive species must be tackled by many different levels of management, displaying the need for communication in policy creation.

The Tonto National Forest and Illegal Livestock Grazing: The Center for Biological Diversity and the Maricopa Bird Alliance have sued the U.S. Forest Service and U.S. Fish and Wildlife Service over its failure to regulate grazing in and around the Tonto National Forest. Surveys have found moderate to significant damage from cattle grazing along 55% of 122 miles of waterways across 25 grazing allotments (1). 

Key takeaway: As the majority of species in Arizona rely on its limited riparian areas, it is vital to mitigate damage and potential threats to these habitats. 

United States

USFWS $1.2 Billion Conservation Apportionment: On February 13, the U.S. Fish and Wildlife Service announced over $1.2 billion in Wildlife and Sport Fish Restoration apportionments to states, commonwealths, and territories. This funding comes from excise taxes on firearms, ammunition, archery, and angling equipment under the Pittman-Robertson and Dingell-Johnson Acts, and it goes toward state-led conservation, habitat management, and public land access. Since 1937, more than $31 billion has been distributed through this program (1). 

EPA Proposed Clean Water Act Section 401 Rule: In January, the EPA proposed a new rule that would significantly narrow state and tribal authority to review and place conditions on federally permitted projects under Section 401 of the Clean Water Act. One of the biggest changes is that the proposed rule would eliminate the pathway for tribes to obtain Treatment as a State (TAS) status solely for Section 401 purposes. This would restrict review authority to the 84 tribes that have already gone through the more rigorous TAS process. The comment period closed February 17. Experts are warning that this would take away one of the few tools tribes have to enforce treaty rights and protect water quality near their lands (1) (2). 

Key takeaway: Given how important water quality is for riparian biodiversity in arid regions, weakening tribal oversight could have consequences well beyond the immediate regulatory scope.

ESA Regulatory Rollback and Legislative Threats: Currently, multiple bills have been introduced in Congress, aiming to amend the Endangered Species Act. H.R. 1897 seeks to eliminate oversight of incidental take permits and shift management authority to states before species counts have recovered, endangering the current cohesive approach to species recovery. The bill was introduced by the House Natural Resources Committee in December and is waiting on a floor vote. The changes would make it harder to list new species, easier to delist existing ones, and redefine “harm” so that it no longer includes habitat destruction. The Trump Administration is reviewing 400,000 public comments opposing the changes and displaying significant public opposition (1) (2). 

Key takeaway: While the introduction of these bills is threatening the proper monitoring of biodiversity recovery, public opposition to these changes represents a democratic push for conservation. Citizens must continue to use their voices to oppose adverse stances on ecological sustainability while fighting to preserve the diversity of life contained in the United States.

NEPA Implementing Regulations Removed: A finalized rule, which took effect on January 8, removes all of NEPA’s implementing regulations. These regulations have guided federal agencies through environmental review processes for decades. Conservation groups are sounding the alarm that this will fast-track development projects without adequate environmental assessment, putting endangered species and sensitive habitats at risk (1). 

Key takeaway: Without NEPA’s review framework, there is essentially no standardized process requiring agencies to consider ecological impacts before approving projects on federal land.

International

CBD Subsidiary Body on Implementation (SBI-6) in Rome: The sixth meeting of the CBD’s Subsidiary Body on Implementation wrapped up on February 19 in Rome. Delegates reached broad agreement on key measures to implement the Kunming-Montreal Global Biodiversity Framework, covering biodiversity finance (including the relationship between debt and biodiversity), gender-responsive approaches, capacity-building, and cooperation with other international conventions. These recommendations will go to COP 17, which Armenia is hosting in Yerevan later this year (1). 

BBNJ High Seas Treaty Implementation Advances: The BBNJ Agreement entered into force on January 17, and its Preparatory Commission has a third session coming up from March 23 to April 2, 2026, where they will tackle critical governance questions for implementation. Suriname held a national workshop from February 18 to 20 to prepare for ratification. The U.S. signed the agreement under the Biden Administration, but the Senate has not yet ratified it, and that seems unlikely to change under the current administration (1) (2). 

EU Biodiversity Progress Report: On February 12, the European Commission published a report finding that the EU is on track to hit 16 out of 45 targets under the Kunming-Montreal Global Biodiversity Framework, but noted that faster action is needed on the rest (1). 

Key Takeaway: As the EU is on track to only meet 16 out of the 45 proposed targets, the report serves as an example of the variation between what countries commit to on an international scale, but often fail to realize domestically. 

Why Does Policy Matter for Biodiversity Conservation?

1. Poor Energy Governance Can Threaten Biodiversity

While not traditionally understood to be in correlation with one another, energy regulation directly impacts biodiversity. Large-scale industrial development— like the developing Tucson data center, “Project Blue,” can reshape regional electricity demand, and land conversion can have a drastic impact on vital habitats. Oftentimes, when regulatory oversight is weakened for the sake of economic advancement, long-term consequences like biodiversity loss are overlooked. With land being converted to house the energy industries' buildings, keystone species like cacti, desert tortoises, carpenter ants, and many others are lost, along with the health of the desert. As the demand for AI rapidly increases, the necessity of a reliable energy source does as well. In arid regions like the Sonoran Desert, it is vital to demand that policymakers consider the effects that electricity policy has on water policy, as AI data centers consume unprecedented levels of clean water, which is vital to every living organism on Earth. If utility companies can negotiate industrial rates internally without regulation, external consequences to the environment and human communities that depend on it are sure to be realized.

2: Land Usage Policy Locks Long-Term Ecosystem Impacts

One of the most direct threats to biodiversity is land use policy that does not consider ecological consequences. The Project Blue land sale and the failed Marana referendum to reject that sale of land illustrate that economic interests are consistently prioritized over long-term, sustainable thought. Without realizing the true impacts, governance structures often jump at the opportunity to remain competitive in modern market conditions, while failing to secure a sustainable future. This effect can be seen in the overgrazing of riparian areas in Arizona’s Tonto National Forest— while great for hungry cattle and their owners, it has the adverse effect of decimating land that is imperative to protect for the majority of species in Arizona. While it is rational on the surface to prioritize profits, land and business owners often fail to see the long-term benefits of biodiversity conservation over short-term realized gains, making it vital for policy to address this critical priority gap. It is imperative to the conservation conversation that local landowners in all jurisdictions are made aware of how the presence of biodiversity can contribute to sustained profits in the long term. 

3. Institutional Power Can Create and Destroy Conservation Capacity

Biodiversity conservation policy is often subject to the priorities of shifting institutional power. Efforts to narrow tribal authority under Section 401 of the Clean Water Act reduce the already limited power that Native American Tribes retain, while channeling conservation funds into the hands of state governments, increasing their conservation capacity. In February, there are lots of conflicting policy decisions illustrating a clear lack of communication as well as disorganization between the levels of jurisdiction within the United States. Although different communities have different policy priorities, biodiversity conservation ensures long-term equitable ecological protection, giving the human race a sustainable future. While institutional power can directly impact conservation efforts, it's the voices of ordinary people that give them authority to govern. Thus, it is vital to biodiversity conservation that people from all backgrounds are given the tools to look at policy holistically and sustainably, shifting the directives of policymakers to prioritize long-term ecological protection.

Sources & Further Reading

Attorney General Mayes Appeals Arizona Corporation Commission’s Approval of Tucson Electric Power Data Center Deal for Project Blue. (2026, February 19). Arizona Attorney General’s Office. https://www.azag.gov/press-release/attorney-general-mayes-appeals-arizona-corporation-commissions-approval-tucson

Attorney General Mayes Files Expert Testimony Showing TEP Rate Hike Could Be Slashed from 14% to 4%. (2026, February 11). Arizona Attorney General’s Office. https://www.azag.gov/press-release/attorney-general-mayes-files-expert-testimony-showing-tep-rate-hike-could-be-slashed

Beat Back Buffelgrass | U.S. Fish & Wildlife Service. (2025, April 16). FWS.gov. https://www.fws.gov/project/beat-back-buffelgrass

Center for Biological Diversity. (2026, February 3). Lawsuit Targets Illegal Livestock Grazing in Arizona’s Tonto National Forest. Center for Biological Diversity. https://biologicaldiversity.org/w/news/press-releases/lawsuit-targets-illegal-livestock-grazing-in-arizonas-tonto-national-forest-2026-02-03/?_gl=1

Convention on Biological Diversity. (2026, February 19). First milestone in a marathon year of biodiversity negotiations reached. CBD.int. https://www.cbd.int/

Endangered Species Act: Threats to Watch in 2026. (2026). WildEarth Guardians. https://wildearthguardians.org/brave-new-wild/the-wild-side/endangered-species-act-threats-to-watch-in-2026/

Inside the New High Seas Treaty. (2026, February). Earth Day. https://www.earthday.org/inside-the-new-high-seas-treaty/

Keeping an Eagle Eye on Bird Conservation Policy. (2026, February). American Bird Conservancy. https://abcbirds.org/news/bird-conservation-policy-2026/

Marana rejects data center referendum petitions. (2026, February 18). AZPM. https://news.azpm.org/p/azpmnews/2026/2/18/228535-marana-rejects-data-center-referendum-petitions/

Marana residents submit petitions to put data center project to a vote. (2026, February 10). AZPM. https://news.azpm.org/p/news-articles/2026/2/10/228403-marana-residents-submit-petitions-to-put-data-center-project-to-a-vote/

Progress made on biodiversity, but swifter action needed. (2026, February 12). European Commission. https://environment.ec.europa.eu/topics/nature-and-biodiversity/global-biodiversity_en

Project Blue developers close on purchase of Pima County land for Tucson data center. (2026, February 4). Tucson Sentinel. https://www.tucsonsentinel.com/local/report/122425_project_blue_close/

Project Blue energy agreement challenged by AZ Attorney General. (2026, February 19). KOLD News 13. https://www.kold.com/2026/02/19/project-blue-energy-agreement-challenged-by-az-attorney-general/

Service Provides Over $1.2 Billion to Support Fish and Wildlife Conservation and Outdoor Access. (2026, February 13). U.S. Fish & Wildlife Service. https://www.fws.gov/press-release/2026-02/service-provides-over-12-billion-support-fish-and-wildlife-conservation-and

Spotted Elk, M. (2026, January). The EPA wants to eliminate one of the few ways that tribes can protect their water. Grist. https://grist.org/indigenous/the-epa-wants-to-eliminate-one-of-the-few-ways-that-tribes-can-protect-their-water/

Suriname National Workshop on UN Treaty for the Protection of the High Seas. (2026, February 18). High Seas Alliance. https://highseasalliance.org/2026/02/18/press-release-suriname-national-workshop-on-un-treaty-for-the-protection-of-the-high-seas/

Trump EPA Undercuts State and Tribal Authority Under Clean Water Act. (2026, January 13). Earthjustice. https://earthjustice.org/press/2026/trump-epa-undercuts-state-and-tribal-authority-under-clean-water-act

Where does the Endangered Species Act Stand in 2026? (2026). FOUR PAWS. https://www.fourpawsusa.org/our-stories/blog-news/where-does-the-endangered-species-act-stand-in-2026