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

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.