H.R.840 - To provide that the final rule of the United States Fish and Wildlife Service titled Endangered and Threatened Wildlife and Plants; Endangered Species Status With Critical Habitat for Guadalupe Fatmucket, Texas Fatmucket, Guadalupe Orb, Texas Pimpleback, Balcones Spike, and False Spike, and Threatened Species Status With Section 4(d) Rule and Critical Habitat for Texas Fawnsfoot shall have no force or effect. (119th Congress)
Summary
H.R. 840 aims to nullify a final rule by the U.S. Fish and Wildlife Service (FWS) that designates certain mussel species as endangered or threatened, and establishes critical habitats for them. The rule in question, published on June 4, 2024, concerns several mussel species found in Texas. The bill seeks to remove the protections afforded by the Endangered Species Act (ESA) to these species and their habitats.
The bill was introduced in the House of Representatives by Mr. Arrington and Mr. Pfluger. It was referred to the Committee on Natural Resources for consideration.
Passage of this bill would reverse the FWS's decision, potentially impacting conservation efforts and environmental regulations in the affected areas.
Expected Effects
If enacted, H.R. 840 would remove the endangered or threatened status and critical habitat designations for the specified mussel species. This would lift the restrictions and protections that come with these designations.
This could lead to increased development and resource extraction in the areas designated as critical habitat. It could also reduce funding and efforts aimed at conserving these species.
The reversal could also set a precedent for challenging other ESA protections, potentially weakening the ESA's overall effectiveness.
Potential Benefits
- Reduced regulatory burden on landowners and businesses operating in the affected areas.
- Potential for increased economic activity due to fewer environmental restrictions.
- Flexibility for local governments to manage resources without federal oversight related to these specific species.
- Could prevent perceived overreach by the federal government in species management.
- May align with local priorities for land use and development.
Most Benefited Areas:
Potential Disadvantages
- Increased risk of extinction for the listed mussel species.
- Loss of biodiversity and potential disruption of aquatic ecosystems.
- Reduced water quality due to habitat degradation.
- Negative impact on other species that rely on the same habitats.
- Undermining of the Endangered Species Act and its broader conservation goals.
Constitutional Alignment
The bill is an exercise of Congress's legislative power under Article I, Section 1, which grants all legislative powers to Congress. Congress has the authority to enact laws that modify or repeal existing regulations, including those promulgated by executive agencies like the Fish and Wildlife Service.
The bill does not appear to directly infringe upon any specific constitutional rights or protections. However, the extent to which it aligns with the broader constitutional goal of promoting the general welfare (as stated in the Preamble) is debatable, depending on one's view of environmental protection.
The bill's impact on interstate commerce and property rights could also be subject to constitutional scrutiny, although these issues are not explicitly addressed in the bill itself.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).