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Constitutional Law Keyed to Choper
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
The Endangered Species Act of 1973 (the ESA) requires federal agencies to consult with the Secretary of the Interior to ensure that projects that they fund do not threaten endangered species. Regulations promulgated in 1978 construed the consultation requirement as extending to actions taken in foreign nations. In 1986, however, the Department of the Interior issued a regulation limiting the scope of the consultation requirement that reinterpreted the ESA to require consultation only for actions taken in the U.S. or on the high seas. Several organizations filed suits challenging the new regulation as contrary to law.
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