Paxton sues Biden-Harris administration again, this time over mussels

Texas has filed another lawsuit against the Biden-Harris administration, this time over Central Texas fresh water mussels. The region is experiencing a population growth, as is most of Texas. The Biden administration implemented a federal rule change to expand protections for mussels that jeopardizes Texas property rights and law despite years of state conservation efforts, the lawsuit argues.

On Tuesday, Attorney General Ken Paxton sued the U.S. Department of the Interior, U.S. Fish and Wildlife Service and their heads, in U.S. District Court Northern District San Angelo Division.

The lawsuit alleges the administration violated the Endangered Species Act, the Administrative Procedures Act and the National Environmental Policy Act when it listed seven mussels species as endangered or threatened.

In June, the USFWS listed six freshwater mussels in Central Texas as endangered: the Guadalupe fatmucket, Texas fatmucket, Guadalupe orb, Texas pimpleback, Balcones spike, and false spike. It also listed the Texas fawnsfoot as threatened.

In its announcement making the designation, the USFWS acknowledged extensive conservation efforts made by Texas communities.

“Water authorities that have demonstrated their commitment to conserving native freshwater mussels by developing voluntary Candidate Conservation Agreements with Assurances (CCAA) with the Service include the Brazos River Authority, Lower Colorado River Authority, Trinity River Authority, and Tarrant Regional Water District. The Service is also developing a Habitat Conservation Plan (HCP) with the Guadalupe-Blanco River Authority,” it says.

“Research focused on helping improve the understanding of the species has been funded by the Office of the Texas Comptroller, Texas Parks and Wildlife Department, the Service, river authorities, and others. Work is also underway to evaluate methods of captive propagation for the Central Texas mussel species at the Service’s San Marcos Aquatic Research Center, Inks Dam National Fish Hatchery, and Uvalde National Fish Hatchery.”

It also says that designating critical habitat protections is “important for the conservation of each of the seven species. Designation of critical habitat does not affect land ownership, establish a refuge or preserve, and has no impact on private landowners taking actions on their land that do not require federal funding or permits.”

When issuing such a designation, federal law requires the agency to consider existing efforts to protect the species and the economic impact of the regulation. Instead, the USFWS “forced restrictive regulations on Texas that will unduly limit economic development and overturn local efforts to preserve the species’ habitats,” the Texas lawsuit argues.

Texas also argues the USFWS “failed to follow the specific procedures and requirements related to endangered species listings as stipulated by the ESA,” noting that Texas law already protects the mussels.

“Texas has worked closely with private property owners and industry partners to ensure the continued conservation, management, and protection of the species,” the lawsuit states. “The ability to manage wildlife resources at the state level is especially important in a state like Texas where rivers and riverbeds are state-owned and most land is privately owned. These local efforts, balanced with ongoing economic development, are crucial to protecting the Central Texas Mussels. The Final Rule threatens to derail these efforts.”

Texas asked the court to vacate the rule and declare it unlawful, “arbitrary, capricious, an abuse of discretion, not in accordance with the law and otherwise contrary to constitutional rights and powers.”

“The Biden-Harris Administration is, once again, weaponizing environmental law to target the State of Texas,” Paxton said. “We are suing to block their latest attempt to undermine the Texas economy and unlawfully interfere with State-led efforts to protect our wildlife and natural resources.”

The Central Texas mussel designation comes after the USFWS last August proposed listing two other freshwater mussel species as endangered in a Texas border region. It also proposed designating 200 river miles as critical habitats in areas where Gov. Greg Abbott’s Operation Lone Star is actively working in the border counties of Brewster, Terrell, and Val Verde, The Center Square reported. Under the Biden-Harris administration, these regions saw unprecedented heavy foot traffic of illegal activity primarily being committed by military age men engaged in human and drug smuggling.

Former Border Patrol agent and Terrell County Sheriff Thad Cleveland told The Center Square that if the Biden-Harris administration “were really concerned about the mussels in the Rio Grande, they would prevent illegal aliens from crossing. They leave trash, clothing and human waste that is far more damaging to our environment.”

Instead, their border policies “dismantled the most secure border the United States has ever had” under the Trump administration, he said.

The USFWS has yet to respond to the lawsuit. The Biden-Harris administration is expected to defend it in court.