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Constitutional Law Keyed to Varat
Lujan v. Defenders of Wildlife
Citation:
504 U.S. 555, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)
InstructorMatthew Steinberg
CaseCast™ – "What you need to know"
Facts
DOW sued the Secretary of the Interior for issuing a regulation which would limit Section 7 of the Endangered Species Act (ESA)to the United States and high seas but no longer to foreign countries. The Eighth Circuit read the citizen suit provision within the ESA to create a procedural right in all persons, even if they could not allege an injury. The Eighth Circuit held that because Section 7 of the ESA requires agencies to consult with one another, the citizen suit provision created a procedural right to sue the Secretary for failing to follow the consultation procedure.
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14m 30s
