Promulgating new regulation


Assignment:

Section 7 (a)(2) of the Endangered Species Act of 1973 (ESA). provides (in relevant part) that ‘‘[e]ach Federal agency shall, in consultation with and with the assistance of the Secretary (of the Interior), 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 habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical.’’ In 1978, the Fish and Wildlife Service and the National Marine Fisheries Service, on behalf of the Secretary of the Interior and the Secretary of Commerce respectively, promulgated a joint regulation stating that the obligations imposed by Section 7(a)(2) extend to actions taken in foreign nations. In 1983, the Interior Department proposed a revised joint regulation that would require consultation only for actions taken in the United States or on the high seas. Shortly thereafter, Defenders of Wildlife and other organizations filed an action against the Secretary of the Interior, seeking a declaratory judgment that the new regulation is in error as to the geographic scope of Section 7(a)(2) and an injunction requiring the Secretary to promulgate a new regulation restoring the initial interpretation. Do the plaintiffs have standing to bring this action? Explain.

Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.

Request for Solution File

Ask an Expert for Answer!!
Business Law and Ethics: Promulgating new regulation
Reference No:- TGS01971561

Expected delivery within 24 Hours