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Constitutional Law Keyed to Farber
Lujan v. Defenders of Wildlife
Citation:
504 U.S. 555 (1992)
InstructorMatthew Steinberg
CaseCast™ – "What you need to know"
Facts
The Endangered Species Act of 1973 (ESA) seeks to protect species of animals against threats to their continuing existence caused by humans. Endangered or threatened species are identified by a periodic list compiled by the Secretary of the Interior. Section 7(a)(2) of the Act then provides that each federal agency must ensure that any action authorized, funded, or carried out by that agency is not likely to jeopardize the continued existence of any endangered species or any threatened species or result in the destruction or adverse modification of the habitat of such species. The Secretary by regulation determined that section 7 is only applicable to species and habitats within the territorial borders of the U.S. or on the High Seas. Plaintiffs, organizations dedicated to wildlife conservation, obtained an injunction requiring the Secretary to promulgate a revised regulation applying section 7 extraterritorially.
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