Rep. Jodey Arrington (R-TX) and other House Republicans asked Interior Secretary Deb Haaland and President Joe Biden why the U.S. Fish and Wildlife Service (FWS) wants to classify two species of mussels as endangered.
Normally, the classification wouldn’t be a big deal, but these species are normally found in the Rio Grande near Texas.
The same Rio Grande where Texas placed buoys to stop migrants from crossing the border.
The same buoys the DOJ sued Texas over last week.
“The timing of this proposed rule is highly suspicious,” wrote Arrington. “On July 24, the Justice Department filed a complaint against the State of Texas for placing a floating buoy barrier in the Rio Grande River. The very next day, on July 25, the Service proposed a rule to list these mussel species.”
The rule targets the Salina Musket and Mexican fawnsfoot. Odd that you’ll find them in the Rio Grande near Texas:
The Salina mucket historically occurred in the Texas portion of the Rio Grande drainage in the United States and Mexico. The only known remaining population of Salina mucket is located in the Lower Canyons and Martin Canyon portions of the Rio Grande just downstream of Big Bend National Park in Brewster, Terrell, and Val Verde counties, Texas.The Mexican fawnsfoot historically occurred in the Rio Grande from approximately the confluence of the Pecos River with the Rio Grande in Val Verde County to downstream just below the current location of Falcon Dam. The only remaining Mexican fawnsfoot population occurs from approximately Eagle Pass, Texas downstream to San Ygnacio, Texas in Zapata County.
The place listed, especially Eagle Pass, are hot spots for migrant crossings.
“In making this proposed listing determination, the Service carefully assessed the status of the Rio Grande mussels, including the past, present and future threats that they face,” announced Amy Lueders, the Service’s Southwest Regional Director, in a press release dated July 24. “Because the single existing populations of both species have low abundance, limited recruitment, and no ability to disperse into new areas, they are extremely vulnerable to extinction.”
Arrington pointed out that FSA filed the Salina musket petition in 2007 and the Mexican fawnsfoot in 2008.
“That means, the Service sat on these petitions for more than fourteen years before making a listing decision on these species,” continued Arrington. “In addition, the Service has proposed nearly 300 miles of critical habitat for the mussels along the border.”
The classification would cause problems for more than the buoys.
“This action will not only impact the State of Texas’ ability to protect the border and its citizens, but also the ability of the U.S Border Patrol to accomplish its mission of protecting the American people and safeguarding our borders,” wrote Arrington. “As you know, any federal or state actions that impact critical habitat, including border security operations, must go through a consultation process with the Service. This process can be lengthy and will most assuredly hamper vital daily border security operations.”
Arrington has four simple questions for Haaland and Biden:
Last Wednesday, Judge David Alan Ezra of the U.S. District Court Western District of Texas – Austin Division issued an order for Texas to remove the buoys.
Ezra’s ruling was only a preliminary injunction, not a final ruling.
The state of Texas immediately filed an appeal:
The equities overwhelmingly favor a stay: Texas’s sovereignty and self-defense interests are irreparably harmed even if Texas prevails on appeal. This case also presents serious legal questions with “a broad impact on relations between the states and the federal government.” Weingarten Realty Invs. v. Miller, 661 F.3d 904, 910 n.9 (5th Cir. 2011). Moreover, the district court erred on the merits.
The Fifth Circuit responded on Friday:
IT IS ORDERED that Appellants’ motion for administrative stay of the order of the Western District of Texas, Austin Division dated September 6, 2023, is GRANTED pending further order of the Court.
Arrington Mussel Letter to … by Fox News
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