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Administrative Law Keyed to Mawshaw
Lujan v. Defenders of Wildlife
Citation:
504 U.S. 555 (1992)Facts
In 1986, the Secretary of the Interior issued a regulation interpreting Section 7(a)(2) of the Endangered Species Act to require consultation only for agency actions taken within the United States or on the high seas, reversing a previous interpretation that included actions in foreign countries. Defenders of Wildlife and other environmental organizations filed suit challenging this interpretation, seeking a declaratory judgment and an injunction requiring the Secretary to restore the initial interpretation. Two members of Defenders of Wildlife, Joyce Kelly and Amy Skilbred, submitted affidavits stating they had visited foreign areas (Egypt and Sri Lanka) where U.S.-funded projects threatened endangered species. They claimed they intended to return to these areas in the future but had no specific plans to do so. The plaintiffs argued that they had standing based on several theories: “ecosystem nexus,” “animal nexus,” and “vocational nexus,” as well as a “procedural injury” theory based on the citizen-suit provision of the ESA.
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