Legal Insurrection by Mary Chastain 9/12/2023
“The timing of this proposed rule is highly suspicious.”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 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.”
Arrington has four simple questions for Haaland and Biden:
• 1. Why did it take more than fourteen years for the Service to act on the petitions for the Salina musket and Mexican fawnsfoot?
• 2. Was the Service’s action on the listing petitions a direct response to the defense buoys deterring migrants from crossong the southern border?
• 3. Please explain the causes for the endangerment of the species, including any connection to illegal migrant crossings.
• 4. Please provide data sufficient to show how much the species population numbers have decreased since 2021.
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.
More:
https://legalinsurrection.com/2023/09/house-gop-asks-biden-admin-about-classifying-mussels-as-endangered-that-could-stop-texas-buoys/
