Lack of protections for pygmy rabbits may lead to lawsuit

Pygmy rabbit (Brachylagus idahoensis). (Miranda Crowell/Courtesy photo)
Conservation groups submitted their intent to sue the U.S. Fish and Wildlife Service

The world’s smallest rabbit breed has new advocates as conservation groups submit formal notice of their intent to sue the U.S. Fish and Wildlife Service for failing to protect the breed under the Endangered Species Act.

The pygmy rabbit, found in parts of California, Colorado, Idaho, Montana, Nevada, Oregon, Utah and Wyoming, rely on the sagebrush sea for their habitat and most of their food. Now, they are threatened by grazing, oil and gas extraction, invasive non-native grasses, and wildfire, according to a news release from the Center of Biological Diversity.

Now, they are threatened by something else, too: an infectious and lethal virus called rabbit hemorrhagic disease that was first documented in Nevada in 2022.

On March 6, 2023, the Fish and Wildlife Service received the petition to list the species as a threatened species or endangered species and designate a critical habitat under the Endangered Species Act. The service had a year for a status review, after which a determination was required. That determination has not been made.

“Protecting pygmy rabbits is vital for preserving the West’s shrinking sagebrush ecosystems, yet the Fish and Wildlife Service’s delayed action has put this unique species at greater risk,” said Joanna Zhang, endangered species advocate with WildEarth Guardians. “Timely intervention is not just a responsibility — it's an urgent necessity to prevent further biodiversity loss.”

The first proposal for pygmy rabbits to be listed under the Endangered Species Act came in 1991. Conservation groups submitted another petition in 2003, but in September 2010, the Fish and Wildlife Service denied protections, according to the release.

“Protection delayed is protection denied,” said Greta Anderson, deputy director of Western Watersheds Project. “The agency has been aware of the pygmy rabbit’s imperiled status since 1991, but it has never been protected under the Endangered Species Act. We’re not willing to let this species go extinct on our watch, and we hope today’s notice will spark action on behalf of the U.S. Fish and Wildlife Service.”

A distinct population segment of the species in Colombia Basin in Washington state has been protected by the act since 2003, according to a proposed rule by the Fish and Wildlife Service from Jan. 25 of this year. That rule also stated that the evidence presented in the petition may warrant this protection.

The petition and the 60-day notice, submitted Aug. 14, were filed by Western Watersheds Project, the Center for Biological Diversity and WildEarth Guardians, which are represented by the public interest law firm Earthjustice.