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Administrative Law Keyed to Asimow
Lujan v. Defenders of Wildlife
Citation:
504 U.S. 555 (1992)Facts
In 1986, the Department of Interior issued a regulation interpreting Section 7(a)(2) of the Endangered Species Act to require consultation only for agency actions taken in the United States or on the high seas, reversing its previous position that the consultation requirement extended to actions in foreign nations. Defenders of Wildlife and other environmental organizations filed suit challenging this interpretation, seeking a declaratory judgment that the regulation was invalid and an injunction requiring the Secretary to restore the original interpretation. Two members of Defenders of Wildlife submitted affidavits stating they had visited foreign sites where U.S.-funded projects threatened endangered species. Joyce Kelly stated she had visited Egypt to observe the habitat of the Nile crocodile and intended to return, while Amy Skilbred stated she had visited Sri Lanka where the Mahaweli project threatened Asian elephants and leopards, and she intended to return in the future. Neither had concrete plans for when they would return to these locations.
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