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Focus (Forum & Focus)

Jul. 21, 2007

Delineating Authority

Focus Column - Environmental Law - The Supreme Court attempts to sort out the wreckage when the Endangered Species Act and the Clean Water Act collide.

FOCUS COLUMN

By Roderick E. Walston

      The United States Supreme Court recently ruled that the Endangered Species Act does not override other federal laws mandating federal agencies to take actions that may affect endangered species. National Association of Homebuilders v. Defenders of Wildlife, 2007 U.S. LEXIS 8312 (U.S. S.Ct. June 25, 2007). Under the decision, federal agencies must comply with the act's requiremen...

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