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Constitutional Law Keyed to Maggs
Lujan v. Defenders of Wildlife
Citation:
504 U.S. 555 (1992)InstructorMatthew Steinberg
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Facts
The Endangered Species Act of 1973 (ESA) seeks to protect species of animals against threats to their continuing existence caused by man. The ESA instructs the Secretary of the Interior to promulgate by regulation a list of those species which are either endangered or threatened under enumerated criteria, and to define the critical habitat of these species. Section 7(a)(2) of the Act provides that each federal agency shall insure that any action authorized, funded or carried out by such agency is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of critical habitats of such species. Respondents, organizations dedicated to wildlife conservation and other environmental causes, filed a suit against the Secretary of the Interior seeking to stop him from promulgating a new regulation.
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