Section of Environment, Energy, and Resources
Endangered Species Committee - Newsletter Archive
Vol. 4, No. 1 - January 2002
Pending Litigation
Sean Skaggs
Plaintiffs Urge Trans-boundary Application of the Section 7 Consultation Process
Defenders of Wildlife v. Norton, D.D.C. Civ. No. CA 00-1544 JR: This potentially significant case involves plaintiffs' allegation that the Bureau of Reclamation should enter into Section 7 consultation on the effects of Lower Colorado River operations on endangered species in Mexico. Oral argument on summary judgment motions was held on October 30, 2001. The government did not take a position on whether Section 7 applies to trans-boundary situations and instead argued that plaintiffs have no standing. In short, the injury complained of cannot be remedied by the court because there is no guarantee that if additional quantities of water were sent to Mexico it would be used to enhance species habitat instead of irrigating crops.
Endangered Species Navigation
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