Congressional Bills,S.J. Res. 9 (ENR) – 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; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment.


Congressional Resolution Aims to Disapprove USFWS Rule on Lesser Prairie-Chicken Status

Washington, D.C., January 15, 2025 – On January 15, 2025, Senator John Cornyn (R-TX) introduced Senate Joint Resolution 9 (S.J. Res. 9), a measure to disapprove a rule issued by the United States Fish and Wildlife Service (USFWS) that classified the lesser prairie-chicken as a threatened species.

Background

The lesser prairie-chicken is a small bird native to the Great Plains region of the United States. In 2014, the USFWS proposed listing the lesser prairie-chicken as threatened under the Endangered Species Act. After considering public comments, the USFWS finalized the rule in 2021, dividing the bird into two distinct population segments (DPS): the northern DPS, which was listed as threatened, and the southern DPS, which was listed as endangered.

Provisions of S.J. Res. 9

S.J. Res. 9 seeks to disapprove the USFWS rule under the Congressional Review Act (CRA), which allows Congress to overturn regulations issued by federal agencies within a certain timeframe. Specifically, the resolution:

  • Declares that the USFWS rule is disapproved;
  • Directs the USFWS to immediately stop implementing the rule;
  • Prohibits the USFWS from issuing any similar rules without specific congressional authorization.

Arguments in Favor of Disapproval

Supporters of S.J. Res. 9 argue that the USFWS rule is unnecessary and harmful to the economy. They contend that the lesser prairie-chicken population is stable and does not warrant protection under the Endangered Species Act. They also argue that the rule will impose significant regulatory burdens on landowners and businesses, particularly in the energy sector.

Arguments Against Disapproval

Opponents of S.J. Res. 9 argue that the USFWS rule is based on sound science and is necessary to protect the lesser prairie-chicken from extinction. They point to the bird’s declining population and the loss of its habitat due to development and other human activities. They also argue that the economic benefits of protecting the lesser prairie-chicken outweigh the costs.

Prospects for Passage

The passage of S.J. Res. 9 faces an uncertain future. The resolution must be passed by both the House of Representatives and the Senate and signed by President Biden to become law.

While Republicans generally support measures to reduce regulatory burdens, Democrats are more likely to support environmental protections. Additionally, the Biden administration has indicated its commitment to upholding the Endangered Species Act.

If S.J. Res. 9 is passed, it could have significant implications for the conservation of the lesser prairie-chicken and the regulatory landscape for energy and development in the Great Plains region.


S.J. Res. 9 (ENR) – 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; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment.

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