Paxton is suing the Biden-Harris administration again, this time over mussels

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

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

The court case claims the government violated the Endangered Species Act, the Administrative Procedures Act and the National Environmental Policy Act by designating seven mussel 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 endangered.

In its announcement making the designation, the USFWS recognized the extensive conservation efforts of Texas communities.

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

“Research aimed at helping improve 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. Efforts are also underway to evaluate captive reproduction methods for the Central Texas mussel species at the agency’s San Marcos Aquatic Research Center, the Inks Dam National Fish Hatchery and the Uvalde National Fish Hatchery.

It also says that designating critical habitat protections “is important to the conservation of each of the seven species. Designating critical habitat does not affect land ownership, refuge establishment, or conservation, and does not affect private landowners who take actions on their land that do not require federal funding or permits.”

In issuing such a designation, federal law requires the agency to take into account existing efforts to protect the species and the economic impact of the regulations. Instead, the USFWS “imposed restrictive regulations on Texas that will unnecessarily restrict economic development and negate local efforts to conserve the species’ habitat,” the Texas lawsuit argues.

Texas also claims that the USFWS “has failed to follow the specific procedures and requirements related to endangered species listings as established by the ESA,” noting that Texas law already protects 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 said. “The ability to manage wildlife resources at the state level is especially important in a state like Texas, where rivers and riverbeds are publicly owned and most land is privately owned. These local efforts, coupled with continued economic development, are critical to protecting Central Texas’ mussels. The Final Rule threatens to derail these efforts.”

Texas asked the court to strike down the rule and declare it unlawful, “arbitrary, capricious, an abuse of discretion, inconsistent with law, and otherwise inconsistent with constitutional rights and powers.”

“The Biden-Harris administration is once again weaponizing environmental legislation to attack the state of Texas,” Paxton said. “We are filing a lawsuit to block their latest effort to undermine 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 area. It also proposed designating 200 river miles as critical habitat in areas where Governor Greg Abbott’s Operation Lone Star is actively working in the border counties of Brewster, Terrell and Val Verde. reported. Under the Biden-Harris administration, these regions experienced unprecedented heavy foot traffic from illegal activity, primarily committed by military-age men engaged in human and drug trafficking.

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 behind garbage, clothing and human waste that is much more harmful to our environment.”

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

The USFWS has not yet responded to the lawsuit. The Biden-Harris administration is expected to defend it in court.