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 joint resolution disapproves the Fish and Wildlife Service rule that listed the San Francisco Bay-Delta population segment of the Longfin Smelt as endangered or threatened.

Doug LaMalfa
R

Doug LaMalfa

Representative

CA-1

PartyTotal VotesYesNoDid Not Vote
Democrat
213319416
Republican
22021316
LEGISLATION

Congress Moves to Nullify Endangered Species Status for San Francisco Bay-Delta Longfin Smelt

This joint resolution is a direct legislative rejection of a specific rule put forth by the U.S. Fish and Wildlife Service (USFWS). That rule aimed to grant Endangered Species status to the Longfin Smelt population segment living in the San Francisco Bay-Delta. If passed, this resolution effectively cancels the USFWS rule, meaning federal protection under the Endangered Species Act (ESA) is immediately withdrawn for this specific fish population, as if the listing never happened.

The Administrative Override: What’s Happening Under the Hood

Think of this as Congress using a legislative sledgehammer to stop an administrative decision. The USFWS, after presumably conducting scientific reviews, determined that the Longfin Smelt distinct population segment in the Bay-Delta needed federal protection. This joint resolution is the mechanism for Congress to say, "We disagree with your finding, and we are legally nullifying it." This action cuts short the usual process where environmental groups or affected industries might challenge the rule in court. Instead, the rule is simply wiped off the books before it can take effect.

Real-World Impact: Water Wars and Species Protection

So, what does this mean for the average person in California? When a species is listed under the ESA, it typically triggers restrictions on activities that might harm the species or its habitat. In the San Francisco Bay-Delta, water usage is the primary issue. Protecting a fish like the Longfin Smelt often means limiting water pumping operations that divert water for agriculture and municipal use. By nullifying the listing, this resolution removes the mandatory federal restrictions that would have been placed on water management and infrastructure projects in the region.

For farmers and developers in the area, this is a clear win, as it removes a major regulatory hurdle that could have restricted their access to water or slowed down construction. However, for environmental groups and anyone concerned about biodiversity, this is a significant setback. It means that a vulnerable species, which the USFWS determined needed protection based on scientific evidence, is now left without the federal shield of the ESA. The core issue here is a direct legislative intervention overriding the scientific expertise of a federal agency, specifically to prevent environmental protections that might impose economic costs on regional interests.