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Administrative Law Keyed to Funk
Lujan v. Defenders of Wildlife
Citation:
504 U.S. 555 (1992)Facts
In 1978, the Fish and Wildlife Service and the National Marine Fisheries Service promulgated a joint regulation stating that the consultation obligations under Section 7(a)(2) of the Endangered Species Act extended to actions taken in foreign nations. In 1986, the Interior Department revised this regulation, reinterpreting Section 7(a)(2) to require consultation only for actions taken in the United States or on the high seas. Defenders of Wildlife and other environmental organizations filed suit challenging this new interpretation, seeking a declaratory judgment that the regulation was legally erroneous and an injunction requiring the Secretary to restore the initial interpretation.
To demonstrate standing, organization members submitted affidavits stating they had visited foreign sites where U.S.-funded projects threatened endangered species. Joyce Kelly stated she had traveled to Egypt and observed the habitat of the endangered Nile crocodile, which she claimed would be harmed by the Aswan Dam project. Amy Skilbred stated she had visited Sri Lanka in 1981 and observed the habitat of endangered species at the site of the Mahaweli project funded by the Agency for International Development (AID). Both expressed intentions to return to these areas in the future but had no concrete plans to do so.
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