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Groups sue federal agency after delaying action for critically endangered species: '[They] needed ... protections yesterday'

According to the center's lawsuit document, the FWS missed the … deadlines for both petitions.

According to the center's lawsuit document, the FWS missed the ... deadlines for both petitions.

Photo Credit: iStock

Two wildlife conservation groups, WildEarth Guardians and the Center for Biological Diversity, sued the U.S. Fish and Wildlife Service for delaying Endangered Species Act protections for the Rio Grande shiner and Clover's cactus — by years, they said, increasing both species' risk of extinction. 

Announced in a WildEarth Guardians press release, the lawsuit was filed in federal court in Tucson, Arizona, on Oct. 31. 

What happened?

WildEarth Guardians petitioned the Fish and Wildlife Service in January and June 2020 to list the Rio Grande shiner and the Clover's cactus, respectively, under Endangered Species Act protection, the center's lawsuit said. 

The FWS reviewed both petitions and delivered positive 90-day findings (from the original petition date) that suggested that both petitions had merit.

Because of these positive initial findings, the FWS was tasked with carrying out comprehensive status reviews of both species over 12 months. Following petition procedures, the 12-month finding or determination for listing is due a year from the original petition date. 

According to the center's lawsuit document, the FWS missed the 12-month findings deadlines for both petitions. Notably, the COVID-19 pandemic upended many such efforts at the time, but the delays have continued well beyond the resumption of normal FWS business.

"These beautiful cactuses and river-dwelling fish needed endangered species protections yesterday, but instead they got years of delay," the Center's legal fellow, Drew Baloga, commented in the WildEarth Guardians press release. 

Why is endangered species protection important?

The Rio Grande shiner is "one of six species of … fish historically found in the Rio Grande basin," the lawsuit reads. Two are extinct, while another two are listed under ESA protection. 

The shiner's habitat is threatened by human actions, including intentional river fragmentation and water quality degradation. Compounded by invasive species in the river, unsuitable water conditions, and prolonged droughts because of rising global temperatures, the shiner species is extremely vulnerable. 

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Similarly, the Clover's cactus faces multiple threats, including habitat destruction from oil and gas development, off-road vehicles, livestock grazing, illegal collection, drought, and wildfire

The rare cactus needs additional protection that the FWS can grant. 

Many species, such as the terrapin turtles, await ESA protection, while others have been delisted

The loss of endangered species topples the rest of the ecosystem.

"Everything around [the ecosystem] gets a little bit more fragile," Kelsey Wooddell, former assistant director of the Earth Institute Center for Environmental Sustainability, said in a Columbia Climate School newsletter.

What can I do to help endangered species?

Helping endangered species nationwide can start with small actions from home. 

You can donate to conservation groups, providing them with the resources to hold policymakers accountable, as seen in this case. Aside from financial gifts, you can support native wildlife by rewilding your backyard to create natural habitats. 

On the policy side, use your voice to vote for pro-climate candidates, keeping climate issues top of mind. Use our guide on critical climate issues to learn more about pressing topics and what more you can do to help.

Join our free newsletter for good news and useful tips, and don't miss this cool list of easy ways to help yourself while helping the planet.

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