Center for Biological Diversity v. U.S. Fish & Wildlife Service

The federal district court for the District of Arizona granted a joint motion to enter a settlement agreement resolving a lawsuit filed by Center for Biological Diversity (CBD) in 2025 to compel a response to CBD’s 2022 petition requesting that the Railroad Valley toad be listed as threatened or endangered. CBD alleged that the toad—which has an estimated distribution of 445 acres in Nevada—was threatened by oil and gas drilling and by a proposed lithium production project, as well as by other threats, including climate change. In the agreement, the U.S. Fish and Wildlife Service agreed to review the status of the Railroad Valley toad and submit a finding for publication by May 31, 2028 as to whether its listing was warranted.

Center for Biological Diversity (CBD) filed a complaint in the federal district court for the District of Arizona seeking to compel the U.S. Fish and Wildlife Service (FWS) to issue a 12-month finding on a petition to list the Railroad Valley toad under the Endangered Species Act. CBD submitted the petition in April 2022. FWS found that the toad might warrant listing in January 2024. CBD asserted that the 12-month finding required under the Endangered Species Act was due on April 12, 2023 and asked the court to require FWS to issue the finding by a date certain. CBD alleged that the toad—which has an estimated distribution of 445 acres in Nevada—was threatened by oil and gas drilling and by a proposed lithium production project, as well as by other threats, including climate change.