Congress kills endangered-species protection for Bay-Delta fish
H.J.Res. 78 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt". · Filed by Doug LaMalfa (R-CA) · 8 cosponsors · Introduced Mar 21, 2025 · Passed chamber
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What it does
This resolution uses the Congressional Review Act to block a Fish and Wildlife Service rule that listed the San Francisco Bay-Delta longfin smelt as an endangered species. If enacted, the rule disappears and the fish loses federal protection, allowing water projects and development to proceed without endangered-species constraints in that region.
Why we flagged it
The bill uses the Congressional Review Act—a fast-track procedural tool—to nullify an endangered-species listing. This is a straightforward deregulatory move, not a hidden rider; the mechanism is transparent but the effect is to remove environmental protection.
What the text implies
- Disapproving the rule does not merely delay the listing—it voids it entirely and, under CRA rules, prevents the agency from issuing a substantially similar rule without new congressional authorization, effectively locking in the deregulation.
- Water agencies and agricultural interests in California's Central Valley gain operational freedom from ESA consultation requirements, potentially enabling increased water extraction during drought periods without species-impact analysis.
The full analysis lists 4 implications of this text.
Who stands to gain
California agricultural water districts; Central Valley irrigation authorities; Real estate and development interests in the Bay-Delta region