H.J. Res. 78 (119th)Bill Overview

Disapprove the United States Fish and Wildlife Endangered and Threatened Wildli…

CRA DisapprovalAnimals|Administrative law and regulatory proceduresAnimals
Cosponsors
Support
Republican
Introduced
Mar 21, 2025
Discussions
Bill Text
Current stageIntroduced

Received in the Senate.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
CRA DisapprovalWhat this resolution actually does

This resolution uses the Congressional Review Act to overturn a federal agency rule and prevent it from taking effect. Under that process, Congress can pass a joint resolution disapproving a recently published agency rule; if the resolution becomes law, the rule is nullified and the agency is barred from issuing a substantially similar rule without new legislation. The Senate considers these disapproval measures under expedited procedures that limit debate.

Rule targeted

Endangered and Threatened Wildlife and Plants; Endangered Species Status for the San Francisco Bay-Delta Distinct Population Segment of the Longfin Smelt (89 Fed. Reg. 61029; published July 30, 2024).

Issuing agency

United States Fish and Wildlife Service (USFWS)

Passage rules

Under the CRA, the Senate may consider this disapproval under expedited procedures that limit debate and allow passage with a simple majority rather than a filibuster. If the President signs the joint resolution it becomes law and the rule is nullified; a presidential veto would require congressional override.

This joint resolution (H.J. Res. 78) uses the Congressional Review Act to disapprove and nullify the U.S. Fish and Wildlife Service rule that listed the San Francisco Bay-Delta distinct population segment of the longfin smelt as an endangered species (89 Fed.

Reg. 61029, July 30, 2024).

The text states the rule "shall have no force or effect." The House passed the resolution on May 1, 2025, and it was received in the Senate.

Passage35/100

Narrow, administratively simple measure increases prospects, but Senate politics and possible executive veto reduce overall chances.

CredibilityAligned

Relative to its intended legislative type, this bill is a concise, functional disapproval resolution that identifies the targeted rule, invokes the applicable statutory vehicle, and states the operative effect (nullification). It follows the expected form for a Congressional Review Act disapproval resolution.

Contention74/100

Protection of imperiled species versus limiting federal regulatory burden

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedFederal agencies

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitPreserves existing water operations by avoiding ESA-driven restrictions on diversions and dam operations.
  • Potential benefitReduces immediate compliance costs for water agencies, farmers, and infrastructure projects.
  • Potential benefitProtects jobs tied to water delivery, agriculture, and related construction by preventing new constraints.
Likely burdened
  • Federal agenciesEliminates federal endangered status, likely slowing recovery and increasing extinction risk for the population.
  • Federal agenciesReduces federal funding and coordinated conservation actions for habitat restoration and monitoring.
  • Potential burdenUndermines scientific listing determinations, potentially weakening future Endangered Species Act implementation.
03 · Why people split

Why the argument around this bill splits.

Protection of imperiled species versus limiting federal regulatory burden
Progressive10%

Likely strongly opposed to the resolution because it overturns an ESA listing based on federal scientific findings.

They would view the disapproval as undermining species protections and the Endangered Species Act's enforcement.

Likely resistant
Centrist35%

Mixed reaction: respects scientific process but worries about economic and water-management impacts.

Prefers targeted mitigation, added resources, or phased implementation over outright nullification.

Likely resistant
Conservative85%

Likely supportive of the resolution as a check on federal overreach and to avoid new restrictions on agriculture, water supply, and infrastructure.

Sees disapproval as protecting jobs and local control.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Still ahead

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood35/100

Narrow, administratively simple measure increases prospects, but Senate politics and possible executive veto reduce overall chances.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • Executive branch position on disapproval
  • Senate majority willingness to consider and vote
05 · Recent votes

Recent votes on the bill.

HOUSE · May 1, 2025
Final passage✓ PassedClose voteParty-line

The House passed this bill. It now goes to the other chamber, and eventually to the President for signature.

What is a final passage?

The final vote on whether the bill becomes law (pending the other chamber and the President).

Yes 53% No 47%
Showing a quick cross-section of legislators, with followed members first when available.
06 · Go deeper

Go deeper than the headline read.

Included on this page

Protection of imperiled species versus limiting federal regulatory burden

Narrow, administratively simple measure increases prospects, but Senate politics and possible executive veto reduce overall chances.

Unlocked analysis

Relative to its intended legislative type, this bill is a concise, functional disapproval resolution that identifies the targeted rule, invokes the applicable statutory vehicle, and states the operative effect (nullific…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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