Biden admin’s potential use of endangered Mexican mussels to halt floating border wall.

‘Critical⁣ habitat’ designation ⁤would ⁤protect mussels found in Rio Grande from environmental⁤ ‘threats’

President Joe Biden‌ is‌ taking action⁤ to safeguard a Mexican mussel species residing ⁣in the Rio Grande.‍ By declaring it endangered, the administration aims to ‍address the water‌ barriers implemented ‌by Texas ​governor Greg Abbott⁢ (R.) to combat illegal immigration.

Biden’s Fish and Wildlife‌ Service has recently proposed a rule to designate‍ the Mexican fawnsfoot mussel as endangered. This ‍move would establish a “critical habitat” in significant portions⁤ of the Rio Grande, including areas where Abbott placed buoys to deter illegal border crossings‌ in Eagle Pass. While​ Biden is pursuing legal action to remove ⁤these buoys, ⁤the critical habitat declaration could provide an alternative ‍means to eliminate them if the lawsuit is unsuccessful. This designation would protect the mussels from various threats, including barriers to fish movement and the​ movement of fine sediments, both ⁢of‍ which⁢ are likely caused by ‍the‍ buoys.

The Biden administration’s ‌proposal comes just days⁣ after the Department of Justice threatened‌ to sue Abbott over the floating​ barriers. The administration argues ⁢that the buoys, subject to‍ federal⁤ approval under the Rivers and Harbors ‍Act, pose serious risks to the environment. However, Leon⁤ Kolankiewicz,⁤ scientific director of immigration group NumbersUSA, ⁣questions ‍the timing of invoking the Endangered Species Act, noting that‍ environmentalists have historically​ used habitat destruction⁤ arguments ​to oppose ‌border ​security measures.

For instance, when former president⁣ George W.⁢ Bush announced the construction of border fencing in 2008, the⁢ Sierra Club claimed‌ it would ​lead to the destruction ⁤of the‍ borderlands region. ​Similarly, during‌ the early days ‌of the Trump administration, the Center for ⁤Biological⁣ Diversity argued that ⁤the proposed‍ border wall threatened 93 endangered species. In June, the same organization ⁢called⁣ for the removal of land barriers along the Arizona border due to similar concerns.

While the Fish and ⁢Wildlife Service ​did not provide a direct response regarding⁣ the ‍fate of the buoys, it is reasonable to assume​ that they would pose threats to fish movement and⁢ river sediments.⁤ The buoys, equipped with​ underwater nets and anchored to the riverbed, could impede fish swimming ⁣and potentially disturb sediment during construction or maintenance.

Eagle Pass has experienced⁢ the second-highest number of illegal crossings⁢ in ‌the country‍ this year. Although Abbott’s floating barrier spans‌ about 1,000 feet, he has hinted at the possibility of extending it for miles along the⁢ Rio Grande. ‌The proposed rule by the Biden⁣ administration outlines the habitat of the Mexican⁣ fawnsfoot,⁢ which stretches over 185 miles ‍downstream, beginning⁢ approximately six miles​ upstream of Eagle Pass.

The Fish and ‍Wildlife Service’s​ proposal is currently open for public ‌comment until September 25. Following this stage, the agency will⁢ publish a final rule. Abbott has vowed to vigorously defend his buoys in‍ court.

If Biden’s lawsuit fails and Abbott’s ​buoys remain in place, ‌a finalized‌ rule designating ‍the​ mussel as endangered would likely ⁢provide renewed momentum ‌for the administration’s efforts to remove the water ⁤barriers. Reversing the rule would require going ‍through the ⁢official regulatory process, including proposing a revocation, allowing ample ‍time⁢ for public input, and ‌finalizing a new ⁣rule. ⁣Alternatively,‍ a new president could immediately revoke ⁣the designation, but only ⁣with the approval of both houses of Congress.

“Texas will see the Biden Administration in court to aggressively defend our sovereign authority to secure the border,” Abbott said. “Biden’s open ‍border policies created this humanitarian disaster.”