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Endangered Species Act Rare Toad
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Rare toad fight similar to landmark endangered species case

A legal battle over an endangered toad and a geothermal power plant in Nevada has many similarities to the U.S. Supreme Court's landmark case on the Endangered Species Act nearly a half-century ago

By SCOTT SONNER
Published - Oct 19, 2022, 08:36 AM ET
Last Updated - Jun 24, 2023, 02:15 AM EDT

RENO, Nev. (AP) — The unusual circumstances that led to the U.S. Supreme Court’s landmark ruling on the Endangered Species Act in 1978 have not surfaced much since then.

But the stage is being set in Nevada for another potentially significant test of the nation’s premier wildlife protection law in a legal battle over a geothermal power plant with similarities to the precedent-setting fight over the snail darter and a dam in Tennessee nearly a half century ago.

Even smaller than that tiny species of perch, the endangered critter in Nevada is a quarter-sized toad found only in high-desert wetlands fed by underground springs on federal land.

Citing the potential threat posed by the water-pumping power plant, the Fish and Wildlife Service declared the Dixie Valley toad endangered on a temporary, emergency basis in April — only the second time in 20 years it’s taken such action.

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