Endangered Species Law & Policy

Today, the U.S. Fish and Wildlife Service (Service) and Center for Biological Diversity entered into a settlement agreement wherein the Service agreed to submit to the Federal Register final listing decisions on the following six mussel species no later than May 23, 2024:

• Texas fatmucket (Lampsilis bracteate);
• Guadalupe fatmucket (Lampsilis bergmanni);
• Texas fawnsfoot (Truncilla macrodon);
• Texas pimpleback (Cyclonaias (= Quadrula) petrina);
• Guadalupe orb (Cyclonaias necki); and
• False spike (Fusconaia (= Quincuncina) mitchelli).

As Nossaman previously reported, on August 26, 2021, the Service published a proposed rule to list the Guadalupe fatmucket, Texas fatmucket, Guadalupe orb, Texas pimpleback, and false spike as endangered, and to list the Texas fawnsfoot as threatened under the Endangered Species Act (ESA). The Service also proposed to issue a species-specific rule under ESA section 4(d) for the Texas fawnsfoot, and to designate approximately 1,944 river miles as critical habitat for all six species.