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Sierra Club v. Lujan

36 Envt. Rep. Cas. (BNA) 1533 (1993)

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Sierra Club v. Lujan

United States District Court for the Western District of Texas
36 Envt. Rep. Cas. (BNA) 1533 (1993)

Facts

The fountain darter was a listed species under the Endangered Species Act, and it existed only at the San Marcos Springs and the Comal Springs, downstream from the Edwards Aquifer, near San Antonio, Texas. Pumping water from the aquifer upstream reduced the outflow at both springs. The secretary of the interior (the secretary) (defendant) developed, but failed to implement, a recovery plan for the fountain darter at the San Marcos Springs. The secretary did not develop or implement a recovery plan for the fountain darter at the Comal Springs. The Sierra Club (plaintiff) sued the secretary, arguing that the obligation to develop and implement a recovery plan for a listed species was nondiscretionary pursuant to the Endangered Species Act, and that the secretary’s failure to implement a recovery plan constituted an unlawful take of a listed species. The secretary disagreed, arguing that recovery plans should be discretionary if budget constraints made development and implementation a challenge. The secretary did not argue that a recovery plan would be ineffective in promoting conservation of the fountain darter.

Rule of Law

Issue

Holding and Reasoning (Bunton, J.)

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