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Administrative Law Keyed to Breyer
Lujan v. Defenders of Wildlife
Citation:
504 U.S. 555 (1992)Facts
In 1986, the Secretary of the Interior promulgated 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 a previous interpretation that extended the requirement to foreign nations. Defenders of Wildlife and other environmental organizations sued, seeking to restore the original interpretation. They claimed standing based on affidavits from members who had visited foreign sites of U.S.-funded projects (the Aswan Dam in Egypt and the Mahaweli project in Sri Lanka) that allegedly threatened endangered species. These members stated they had observed the habitat of endangered species during past visits and intended to return in the future, though they had no concrete plans to do so. The plaintiffs also proposed several “nexus” theories of standing, including “ecosystem nexus,” “animal nexus,” and “vocational nexus” approaches.
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