Lawsuit Defends Blackside Dace

A federal lawsuit filed in Knoxville, Tenn., alleges regulators failed to meet legal obligations to protect a threatened fish endemic to Appalachian streams. Four citizens groups, including the Sierra Club and Statewide Organizing for Community Empowerment, claim the U.S. Office of Surface Mining Reclamation and Enforcement failed to consult with the U.S. Fish and Wildlife Service about adverse impacts to the federally protected blackside dace before issuing a permit for a 1,088-acre mountaintop removal mine in Claiborne County. Under the Endangered Species Act, agencies must ensure their actions are not likely to jeopardize the continued existence of a listed species.