The Texas Office of the Attorney General (OAG) filed a lawsuit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service (FWS), asserting FWS unlawfully listed seven freshwater mussel species under the Endangered Species Act (ESA).
"Weaponizing" Environmental Law
In its press release announcing the suit, the OAG charged the Biden-Harris administration with "once again, weaponizing environmental law to target the State of Texas."
Listing of Freshwater Mussell Species
This suit challenges FWS's listing of "the Guadalupe Fatmucket, Texas Fatmucket, Guadalupe Orb, Texas Pimpleback, Balcones Spike, False Spike, and Texas Fawnsfoot mussel species as threatened or endangered." The OAG asserts the listing harms Texas by "triggering regulatory restrictions over certain habitat areas and conservation programs."
Alleged Failure to Follow the ESA
The suit alleges FWS "failed to follow the specific procedures and requirements related to endangered species listings as stipulated by the ESA." Specifically, FWS failed "to consider Texas's existing efforts to protect the species, to base its listing determinations solely on the best available data, and to issue its determinations in a timely fashion."
Additionally, the OAG asserts FWS "must consider the economic impact" of the listing. FWS's failure to meet ESA requirements "forced restrictive regulations on Texas that will unduly limit economic development and overturn local efforts to preserve the species' habitats."
To see the press release, which has a link to the OAG's Complaint https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-sues-biden-harris-administration-over-unlawful-weaponization
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