This type of cactus is found only in a 3-by-10-mile area near Myton Bench in the two counties. According to the suit, it was once believed to be a distinct form of the Uinta Basin hookless cactus.

Today, the action says, "the best available science indicates that Uintah Basin hookless cactus . . . is actually three separate species," one of them the Pariette cactus.

Sharon Rose, spokeswoman for the Denver regional office of the F&WS, said the operative word in the requirement for a response within 90 days is "practicable." Often the agency is not able to make the determination within that time "for one reason or another," she said, but usually it tries to send out notice that the petition has been received.

"So far, they have not replied to our petition at all," said Erin Robertson, staff biologist for the Center for Native Ecosystems. "They haven't sent us any formal confirmation even that they got it.

"So we've heard nothing from them."

Rose said, "We have not received the lawsuit" so the agency can't respond to the particulars. "We're waiting to see it."

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E-mail: bau@desnews.com