NEW MEXICO (KRQE) – A New Mexico cactus at the heart of an endangered species battle is now heading for a court battle. According to conservationists, the unique plant is at risk of disappearing in oil country and they're suing for federal protection. “It's beyond time that these species be protected,” said Legal Fellow for the Center for Biological Diversity, Drew Baloga. “We've lost so many native species already. You want future generations to see this part of New Mexico's natural heritage,” said Endangered Species Advocate with the WildEarth Guardians, Joanna Zhang. Back in 2020, WildEarth Guardians and the Center for Biological Diversity jointly filed for the fish and the cactus to be listed under the Endangered Species Act. “The Fish and Wildlife Service responded to that petition with a positive 90-day finding which recognized that there were threats to these species that required more research,” said Baloga. The federal government had a one-year deadline to determine if protection was warranted, something the groups said the Fish and Wildlife Service never met. Advocates said the flowering Clover's Cactus is a native species to San Juan, Rio Arriba, and Sandoval counties. However, the cactus is threatened by off-road vehicles and oil and gas production. Meanwhile, advocates said the Rio Grande Shiner is losing habitat with lower water levels. “That's why we're moving forward with this lawsuit is to just ask the Fish and Wildlife Service to move forward with doing their status assessments,” said Zhang. In response to the lawsuit, the Fish and Wildlife Service told KRQE they don't comment on pending litigation.