How Long Is The ESA's Arm On LNG Projects?

Law360, New York (April 14, 2015, 4:19 PM EDT) -- A California federal judge has allowed a case against the U.S. Export-Import Bank, which raises questions about whether the interagency consultations required by the Endangered Species Act are implicated by federal funding of extraterritorial projects to move forward, potentially expanding the geographic jurisdiction of the ESA by reading the scope of agency action broadly.[1] See Center for Biological Diversity v. Export-Import Bank.

U.S. District Court Judge Sandra B. Armstrong denied the bank’s motion to dismiss, ruling that the ESA consultation requirements may apply to the entirety of a bank-financed Australian energy project, where the only connection to the U.S. is that...

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