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

During the final weeks of the Biden administration, the U.S. Fish and Wildlife Service (FWS) reached agreements that set schedules for review of the status of species to determine whether listing them as endangered or threatened is warranted. The plaintiffs in these cases identified climate change as one of the threats facing these species. FWS agreed to review the status of the Rio Grande shiner and make a 12-month finding as to whether listing is warranted by September 16, 2026, and to review the status and making a 12-month finding regarding the Clover’s cactus by September 9, 2027.

Center for Biological Diversity and WildEarth Guardians filed a lawsuit in the federal district court for the District of Arizona challenging the U.S. Fish and Wildlife Service’s alleged failure to issue timely 12-month findings on petitions to list the Clover’s cactus and the Rio Grande shiner under the Endangered Species Act. The petitions were filed in 2020. The complaint alleged that the Clover’s cactus (a flowering succulent found only in three counties in New Mexico) was threatened by oil and gas exploration and development and also by the effects of climate change and illegal cactus collecting. The complaint alleged that the Rio Grande shiner (a small freshwater fish endemic to the Rio Grande basin) faced threats from the decline of the health of the Rio Grande and Pecos River systems, as well as from drought, which was increasing due to climate change.