TEXAS — Attorney General Ken Paxton is suing the Biden administration, the U.S. Fish and Wildlife Service and the U.S. Department of Interior over a report listing seven species of freshwater mussels local to Texas as endangered or threatened.

What You Need To Know

  • Texas AG Ken Paxton is suing the Biden administration over classifying seven freshwater mussels local to Texas as endangered or threatened

  • The U.S. Fish and Wildlife Service, which is named as a defendant in the lawsuit, listed the Guadalupe fatmucket, Texas fatmucket, Guadalupe orb, Texas pimpleback, Balcones spike and false spike as endangered, and the Texas fawnsfoot as threatened under the Endangered Species Act of 1973

  • The service said the species used to be abundant in Central Texas but have since declined “due to reduced water quality and habitat destruction”

  • Paxton called the listing “unlawful” and said the federal government didn’t follow “specific procedures and requirements related to endangered species listings as stipulated by the ESA”

On June 3, the U.S. Fish and Wildlife Service issued a report classifying the Guadalupe fatmucket, Texas fatmucket, Guadalupe orb, Texas pimpleback, Balcones spike and false spike as endangered, and the Texas fawnsfoot as threatened under the Endangered Species Act of 1973 (ESA).

The lawsuit alleges that the service made several errors in making its listing determination, including violating the ESA, not recognizing Texas’ own conservation efforts, failing to provide specificity in describing what determines a “take” of Central Texas mussels and publishing its determination three years after the proposed rule despite a one-year publication deadline.

Mussels benefit the environment by filtering out harmful chemicals, thus improving water quality in their watersheds. According to the service, a single freshwater mussel can pump and filter 8 to 15 gallons of water daily.

In a news release, the service said the species used to be abundant in Central Texas but have since declined “due to reduced water quality and habitat destruction.” It said the classification will support new and current conservation efforts.

The service has the authority to classify the mussels as endangered or threatened under the ESA, which establishes protections for fish, wildlife and plants.

Paxton called the listing “unlawful” and said the federal government didn’t follow “specific procedures and requirements related to endangered species listings as stipulated by the ESA.”

“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.”