PolicyBrief
H.J.RES. 78
119th CongressMay 1st 2025
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".
HOUSE PASSED

This bill nullifies the U.S. Fish and Wildlife Service rule that listed the San Francisco Bay-Delta population of the Longfin Smelt as an endangered species.

Doug LaMalfa
R

Doug LaMalfa

Representative

CA-1

PartyTotal VotesYesNoDid Not Vote
Democrat
213319416
Republican
22021316
LEGISLATION

Resolution Blocks Endangered Status for SF Bay-Delta Longfin Smelt

This Joint Resolution takes aim at a specific environmental rule, effectively canceling the U.S. Fish and Wildlife Service's decision to list the San Francisco Bay-Delta population of Longfin Smelt as endangered. Using a process called the Congressional Review Act (CRA), which allows Congress to overturn recent federal agency regulations, this measure prevents the endangered species protections outlined in that specific rule from taking effect or remaining in effect.

Endangered Status Denied

Getting listed under the Endangered Species Act (ESA) triggers significant federal protections. It typically requires federal agencies to ensure their actions don't jeopardize the species or destroy its critical habitat, and it can lead to recovery plans and restrictions on activities that harm the species. By disapproving the Fish and Wildlife Service rule, this resolution removes those specific ESA safeguards for the Longfin Smelt population in the Bay-Delta that would have stemmed from this particular listing decision. The immediate effect is that this specific pathway to federal protection is shut down.

Delta Dynamics: Life Without the Listing

What does this mean on the ground, or rather, in the water? Without the endangered status conferred by this rule, there may be fewer mandatory reviews or potential restrictions on projects affecting the Bay-Delta ecosystem, particularly concerning water management. Activities like water diversions for agriculture or urban use, which can impact the smelt's habitat and survival, might face less stringent federal oversight than they would have under this specific endangered listing. This could ease regulatory hurdles for water users but leaves the Longfin Smelt population without the federal backstop this rule intended to provide, raising concerns about its long-term viability and the overall health of the Delta ecosystem it inhabits.

Congress Hits Undo: How This Works

This action utilizes the Congressional Review Act (CRA), a tool codified in Chapter 8 of Title 5, U.S. Code. Think of it as Congress having a window of time to review and potentially hit 'undo' on regulations finalized by federal agencies. Passing a joint resolution of disapproval, like this one, essentially nullifies the targeted agency rule. It's a mechanism for legislative oversight of the executive branch's regulatory activities. In this case, that oversight is being directed at a specific environmental protection measure concerning a fish population in a major estuary.