In response to a lawsuit brought by the Center for Biological Diversity, Center for Native Ecosystems, and other organizations, the U.S. Fish and Wildlife Service announced it will again consider the Rio Grande cutthroat trout for protection as an endangered species under the Endangered Species Act. The groups first petitioned to have the Rio Grande cutthroat trout protected in 1998, and despite the fact that the trout is gone from 99 percent of its historic range and threatened by multiple factors, the Fish and Wildlife Service has steadfastly refused to provide protection.

Rio Grande cutthroat trout populations are beset by a multitude of threats, including nonnative trout, disease, population restriction, environmental change, and habitat degradation related to livestock grazing, logging, roads and other factors. In its 2002 finding, the Fish and Wildlife Service determined a mere 13 tiny headwater streams could be considered secure from these threats. Even these populations, however, are not secure because they are isolated, and are at continued risk from invasion by nonnative trout, disturbance events like drought or fire, and climate change.