Pyramid Pigtoe Mussel/Endangered Species Act: Center for Biological Diversity Judicial Complaint Alleging U.S. Fish and Wildlife Service Failure to Finalize Endangered Listing (Range Includes Arkansas)

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Fish and Wildlife Service (“Service”) for failing to finalize Endangered Species Act (“ESA”) listing for the Pyramid Pigtoe mussel (“Pyramid Pigtoe”).

The Pyramid Pigtoe’s range includes the State of Arkansas and the following other states:

• Alabama
• Kentucky
• Louisiana
• Mississippi
• Ohio
• Oklahoma
• Tennessee
• Virginia

The Complaint also addresses 12 other species including:

• cactus ferruginous pygmy owl;
• tall western penstemon;
• Mt. Rainier white-tailed ptarmigan;
• Peñasco least chipmunk;
• Humboldt marten;
• Six Texas mussels
  • Texas fatmucket;
  • Guadalupe fatmucket;
  • Texas fawnsfoot;
  • Texas pimpleback;
  • Guadalupe orb; and
  • False spike
• Four distinct populations of the foothill yellow-legged frog.

The Pyramid Pigtoe is described as reddish to chestnut brown with a smooth, thick triangular shell that can grow to almost four inches. The threat to the species is described as including:

• Historical collection of shells to make buttons on an industrial scale
• Damming of rivers
• Spread of invasive species
• Pollution from suburban development, agricultural, mining, and dredging which degraded water quality

The species is stated to be found in medium to large rivers including the following waterbodies:

• Arkansas-White-Red
• Lower Mississippi
• Tennessee and Ohio River Basins

The Service is alleged to have failed to meet applicable deadlines for finalizing the listing decisions for the Pyramid Pigtoe and other referenced species.

CBD requests that the Court enter a finding that the Service has violated the ESA and compel it to issue a final listing determination and publish a critical habitat designation by a date certain.

A copy of the Complaint can be downloaded here.