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Publication Date

7-1993

Document Type

Casenote

Abstract

In Lujan v. Defenders of Wildlife the United States Supreme Court reversed the Eighth Circuit and denied standing to respondent environmental groups challenging a joint regulation interpreting section 7(a)(2) of the Endangered Species Act.

Respondent environmental groups filed suit challenging the Secretary of Interior's interpretation of section 7(a)(2). Respondents sought a declaratory judgment that the joint regulation, promulgated by the Fish and Wildlife Service and the National Marine Fisheries Service on behalf of the Secretary of Interior and the Secretary of Commerce respectively, not applying section 7(a)(2) of the Endangered Species Act to actions involving United States funding in foreign nations, was incorrect as to the scope of section 7(a)(2). Respondents also sought an injunction requiring the Secretary of Interior to issue a new regulation restoring the broad scope of section 7(a)(2). The Supreme Court held that respondents lacked standing to challenge the interpretation of section 7(a)(2), as respondents failed to show the requisite injury in fact, causation, and redressability. This casenote will summarize the Court's reasoning for properly finding the respondents lacked standing.

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