The Fish & Wildlife service can’t seem to catch a break these days. First they get in quite a bit of heat over refusing to list the pika as an endangered species. Now they’re getting sued for not protecting the incredibly cute pygmy rabbit.

The lawsuit has been filed by the environmentalist group Western Watersheds Project. The group is suing to force the Fish & Wildlife Service to make a decision whether to protect the rabbits or not. Previously, courts had demanded a decision one way or the other. According to Jon Marvel of Western Watersheds “This case will be settled very quickly by the U.S. Fish and Wildlife Service because they are violating a court order right now and have no defense.”

More information on the case is available here.