It’s cute and super tiny — and groups claim this little mammal’s not being protected

Conservation groups Wednesday sent a formal notice of their intent to sue the U.S. Fish and Wildlife Service for failing to take steps to protect the pygmy rabbit, the world’s smallest rabbit, under the Endangered Species Act.

In response to a 2023 petition , the service announced in January that the rabbits may warrant protection under the Endangered Species Act. The agency was required to decide by March 6 whether listing the rabbit was warranted. But has not acted.

The current range of the pygmy rabbit includes parts of Wyoming, Utah, Idaho, Nevada, Montana, Colorado, California and Oregon.

“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.”

The tiny rabbits face multiple threats that include livestock grazing, oil and gas extraction, invasive nonnative grasses and wildfire. The species is newly threatened by rabbit hemorrhagic disease, a highly infectious and lethal virus first documented in Nevada in 2022.

The survival of the rabbits is directly tied to a loss of habitat in the sagebrush steppe ecosystem.

“We’re watching the slow-motion extinction of these adorable rabbits while the Fish and Wildlife Service drags its feet,” said Randi Spivak, public lands policy director at the Center for Biological Diversity.

“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,” added 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.”

Pygmy rabbits were first proposed for listing under the Endangered Species Act in 1991. In 2003 several conservation groups submitted another petition, but it was denied.

According to the U.S. Fish and Wildlife Service, pygmy rabbits are preyed upon by weasels, coyotes, badgers, bobcats, birds of prey, owls, foxes and sometimes humans, who have difficulty distinguishing from other rabbit species. Predation is the primary cause of mortality among both adults and juveniles, and can be as high as 50% in the first five weeks of life.

The 2023 petition and Wednesday’s 60-day notice were filed by Western Watersheds Project, the Center for Biological Diversity and WildEarth Guardians, which are represented by the public interest law firm Earthjustice.