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*** CURRENT THROUGH PL 112-14, APPROVED 5/26/2011 ***
TITLE 16. CONSERVATION

CHAPTER 35. ENDANGERED SPECIES

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16 USCS § 1531
§ 1531. Congressional findings and declaration of purposes and policy
(a) Findings. The Congress finds and declares that--

(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;

(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;

(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;

(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to--

(A) migratory bird treaties with Canada and Mexico;

(B) the Migratory and Endangered Bird Treaty with Japan;

(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;

(D) the International Convention for the Northwest Atlantic Fisheries;

(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;

(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and

(G) other international agreements; and

(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation's international commitments and to better safeguarding, for the benefit of all citizens, the Nation's heritage in fish, wildlife, and plants.

(b) Purposes. The purposes of this Act are to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered species and threatened species, and to take such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this section.

(c) Policy.

(1) It is further declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act.

(2) It is further declared to be the policy of Congress that Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species.
HISTORY:

(Dec. 28, 1973, P.L. 93-205, § 2, 87 Stat. 884; Dec. 28, 1979, P.L. 96-159, § 1, 93 Stat. 1225; Oct. 13, 1982, P.L. 97-304, § 9(a), 96 Stat. 1426; Oct. 7, 1988, P.L. 100-478, Title I, § 1013(a), 102 Stat. 2315.)

HISTORY; ANCILLARY LAWS AND DIRECTIVES

References in text:

"This Act", referred to in this section, is Act Dec. 28, 1973, P.L. 93-205, 87 Stat. 884, which appears generally as 16 USCS §§ 1531 et seq. For full classification of this Act, consult USCS Tables volumes.

Effective date of section:

Act Dec. 28, 1973, P.L. 93-205, § 16, 87 Stat. 903, provided: "This Act [16 USCS §§ 1531 et seq., generally; for full classification of this Act, consult USCS Tables volumes] shall take effect on the date of its enactment [enacted Dec. 28, 1973].".

Amendments:

1979. Act Dec. 28, 1979, in subsec. (a)(5), substituted "fish, wildlife, and plants" for "fish and wildlife".

1982. Act Oct. 13, 1982, in subsec. (c), designated existing provisions as para. (1), and added para. (2).

1988. Act Oct. 7, 1988, in subsec. (a)(4)(G), substituted "; and" for the period.

Short titles:

Act Dec. 28, 1973, P.L. 93-205, § 1, 87 Stat. 884, provided: "This Act may be cited as the 'Endangered Species Act of 1973'.". For full classification of such Act, consult USCS Tables volumes.

Act Nov. 10, 1978, P.L. 95-632, § 1, 92 Stat. 3751, provided: "This Act may be cited as the 'Endangered Species Act Amendments of 1978'.". For full classification of such Act, consult USCS Tables volumes.

Act Oct. 13, 1982, P.L. 97-304, § 1, 96 Stat. 1411, provided: "This Act may be cited as the 'Endangered Species Act Amendments of 1982'.". For full classification of such Act, consult USCS Tables volumes.

Other provisions:

Relationship of 16 USCS § 1802(24) to Endangered Species Act of 1973 Act March 9, 1992, P.L. 102-251, Title III, § 305, 106 Stat. 66; Sept. 30, 1996, P.L. 104-208, Div A, Title I, § 101(a) [Title II, § 211(b)], 110 Stat. 3009-41 (effective 15 days after enactment of Act Oct. 11, 1996, P.L. 104-297), provides: "The special areas defined in section 3(24) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(24)) shall be considered places that are subject to the jurisdiction of the United States for the purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).".

Minimization of conflicts with recreational fisheries. For provision that all Federal agencies minimize conflicts between recreational fisheries and administration of this chapter, see Ex. Or. No. 12962, § 4, of June 7, 1995, 60 Fed. Reg. 30769, 30770, which appears as 16 USCS § 1801 note.
NOTES:
Code of Federal Regulations:

Natural Resources Conservation Service, Department of Agriculture--Compliance with NEPA, 7 CFR 650.1 et seq.

National Oceanic and Atmospheric Administration, Department of Commerce--Civil procedures, 15 CFR 904.1 et seq.

Bureau of Customs and Border Protection, Department of Homeland Security; Department of the Treasury--Articles conditionally free, subject to a reduced rate, etc, 19 CFR 10.1 et seq.

Bureau of Customs and Border Protection, Department of Homeland Security; Department of the Treasury--Special classes of merchandise, 19 CFR 12.1 et seq.

Office of Surface Mining Reclamation and Enforcement, Department of the Interior--Requirements for permits and permit processing, 30 CFR 773.1 et seq.

Department of the Army--Regulations affecting military reservations, 32 CFR 552.16 et seq.

National Park Service, Department of the Interior--National park system units in Alaska, 36 CFR 13.1 et seq.

Bureau of Land Management, Department of the Interior--Off-road vehicles, 43 CFR 8340.0-1 et seq.

Surface Transportation Board, Department of Transportation--Procedures for implementation of environmental laws, 49 CFR 1105.1 et seq.

United States Fish and Wildlife Service, Department of the Interior--General provisions, 50 CFR 10.1 et seq.

United States Fish and Wildlife Service, Department of the Interior--Endangered and threatened wildlife and plants, 50 CFR 17.1 et seq.

United States Fish and Wildlife Service, Department of the Interior--Eagle permits, 50 CFR 22.1 et seq.

United States Fish and Wildlife Service, Department of the Interior--Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 50 CFR 23.1 et seq.

United States Fish and Wildlife Service, Department of the Interior--Conservation of endangered and threatened species of fish, wildlife, and plants-cooperation with the States, 50 CFR 81.1 et seq.

National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce--General endangered and threatened marine species, 50 CFR 222.101 et seq.

National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce--Threatened marine and anadromous species, 50 CFR 223.101 et seq.

National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce--Endangered marine and anadromous species, 50 CFR 224.101 et seq.

National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce--Whaling provisions, 50 CFR 230.1 et seq.

Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations--Interagency cooperation-Endangered Species Act of 1973, as amended, 50 CFR 402.01 et seq.

Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations--Northwestern Hawaiian Islands Marine National Monument, 50 CFR 404.1 et seq.

Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations--Listing endangered and threatened species and designating critical habitat, 50 CFR 424.01 et seq.

Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations--General provisions, 50 CFR 450.01 et seq.

Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations--Application procedure, 50 CFR 451.01 et seq.

Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations--Consideration of application by the Secretary, 50 CFR 452.01 et seq.

Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations--Endangered Species Committee, 50 CFR 453.01 et seq.

Related Statutes & Rules:

This section is referred to in 16 USCS § 1539.

Research Guide:

Federal Procedure:

24A Fed Proc L Ed, Natural and Marine Resources §§ 56:2074, 2105, 2132, 2154, 2155, 2336.

Am Jur:

35A Am Jur 2d, Fish, Game, and Wildlife Conservation § 64.

41 Am Jur 2d, Indians; Native Americans § 66.

Am Jur Proof of Facts:

35 Am Jur Proof of Facts 3d, Proof of Standing in Environmental Citizen Suits, p. 493.

86 Am Jur Proof of Facts 3d, Citizen Suit for Injunctive Relief Pending Federal Agency's Compliance with National Environmental Policy Act, p. 99.

89 Am Jur Proof of Facts 3d, Citizen-Suit Claims Under § 11(g)(1) of the Endangered Species Act, p. 125.

Forms:

10B Fed Procedural Forms L Ed, Highways and Bridges (2006) § 38:17.

13 Fed Procedural Forms L Ed, Natural and Mineral Resources (2005) §§ 50:209, 211, 212, 214.

12 Am Jur Pl & Pr Forms (2008), Fish and Game, § 30.

13A Am Jur Pl & Pr Forms (2009), Highways, Streets, and Bridges, § 219.

20B Am Jur Pl & Pr Forms (2008), Public Lands, § 13.

24B Am Jur Pl & Pr Forms (1999), Waters, § 100.

Annotations:

Construction and Application of State Endangered Species Acts. 44 ALR6th 325.

Validity, construction, and application of state wildlife possession laws. 50 ALR5th 703.

Texts:

3-IX Benedict on Admiralty, The Law of American Admiralty Its Jurisdication, Law and Practice with Forms and Directions, Marine Oil Pollution § 112.

3-IX Benedict on Admiralty, The Law of American Admiralty Its Jurisdication, Law and Practice with Forms and Directions, Marine Oil Pollution § 112.

8-XI Benedict on Admiralty, Desk Reference, Marine Oil Pollution § 11.02.

8-XI Benedict on Admiralty, Desk Reference, Marine Oil Pollution § 11.02.

Cohen's Handbook of Federal Indian Law (Matthew Bender), ch 17, Natural Resources § 17.04.

Cohen's Handbook of Federal Indian Law (Matthew Bender), ch 18, Hunting, Fishing, and Gathering Rights § 18.07.

Cohen's Handbook of Federal Indian Law (Matthew Bender), ch 19, Water Rights § 19.06.

2 Energy Law & Transactions (Matthew Bender), ch 53, Hydroelectric Power § 53.04.

2A Environmental Law Practice Guide (Matthew Bender), ch 15A, Indian Country Environmental Law §§ 15A.02, 15A.08.

4 Environmental Law Practice Guide (Matthew Bender), ch 19, Wetlands § 19.04.

4 Environmental Law Practice Guide (Matthew Bender), ch 23A, Coasts § 23A.04.

4 Environmental Law Practice Guide (Matthew Bender), ch 24, Wildlife and Habitat Protection § 24.03.

5 Environmental Law Practice Guide (Matthew Bender), ch 34A, Agricultural Environmental Law § 34A.05.

6 Environmental Law Practice Guide (Matthew Bender), ch 41, Federal-State Relationships § 41.02.

6 Environmental Law Practice Guide (Matthew Bender), ch 43, Alaska § 43.11.

8 Environmental Law Practice Guide (Matthew Bender), ch 82, Rhode Island § 82.11.

2 Treatise on Environmental Law (Matthew Bender), ch 3, Water Pollution § 3.03.

5 Treatise on Environmental Law (Matthew Bender), ch 12, Public Lands and Conservation §§ 12.04, 12.05.

Law Review Articles:

Goplerud. The Endangered Species Act: Does It Jeopardize the Continued Existence of Species? Arizona State L J 487, 1979.

Teller. Effective installation compliance with the Endangered Species Act. 1993 Army Law 5, June 1993.

Goldman-Carter. Federal Conservation of Threatened Species: By Administrative Discretion or by Legislative Standard? 11 BC Environ Aff L Rev 63, October 1983.

Fischman; Hall-Rivera. A Lesson for Conservation from Pollution Control Law: Cooperative Federalism for Recovery under the Endangered Species Act. 27 Colum J Envtl L 45, 2002.

Stromberg. The Endangered Species Act of 1973: Is the Statute Itself Endangered?, 6 Environmental Affairs 511, 1978.

Estes. The effect of the Federal Endangered Species Act on state water rights. 22 Envtl L 1027, 1992.

Morriss; Stroup. Quartering species: the "living Constitution," the Third Amendment, and the Endangered Species Act. 30 Envtl L 769, Fall 2000.

Auslander. Reversing The Flow: The Interconnectivity Of Environmental Law In Addressing External Threats To Protected Lands And Waters. 30 Harv Envtl L Rev 481, 2006.

Rosenberry. The Effect of the Endangered Species Act on Housing Construction. 33 Hastings L J 551-582, January 1982.

Gray. The Endangered Species Act: Reform or Refutation? 13 Hastings W-NW J Env L & Pol'y 1, Winter 2007.

Foley. The tarnishing of an environmental jewel: the Endangered Species Act and the northern spotted owl. 8 J Land Use & Envtl L 253, Fall 1992.

Thornton. Takings under Endangered Species Act section 9. 4 Nat Resources & Env't 7.

Endangered species protection. 8 Nat Resources & Env't 3, Summer 1993.

Coggins. An ivory tower perspective on endangered species law. 8 Nat Resources & Env't 3, Summer 1993.

Taylor. Biological uncertainty in the Endangered Species Act. 8 Nat Resources & Env't 6, Summer 1993.

Quarles; Macleod; Lundquist. The unsettled law of ESA takings. 8 Nat Resources & Env't 10, Summer 1993.

Freeman. Reinitiation of ESA § 7 consultations over existing projects. 8 Nat Resources & Env't 17, Summer 1993.

Thornton. The search for a conservation planning paradigm: Section 10 of the ESA. 8 Nat Resources & Env't 21, Summer 1993.

Evans. A "recovery" partnership for the Upper Colorado River to meet ESA § 7 needs. 8 Nat Resources & Env't 24, Summer 1993.

Ruhl. Section 4 of the ESA-the cornerstone of species protection law. 8 Nat Resources & Env't 26, Summer 1993.

Sobek. Enforcement of the Endangered Species Act. 8 Nat Resources & Env't 30, Summer 1993.

Balistrieri. CITES: the ESA and international trade. 8 Nat Resources & Env't 33, Summer 1993.

Irvin. The Endangered Species Act: keeping every cog and wheel. 8 Nat Resources & Env't 36, Summer 1993.

Desiderio. The ESA: facing hard truths and advocating responsible reform. 8 Nat Resources & Env't 37, Summer 1993.

Cheney. A selective bibliography on the Endangered Species Act. 8 Nat Resources & Env't 43, Summer 1993.

Benson. So Much Conflict, Yet So Much in Common: Considering the Similarities between Western Water Law and the Endangered Species Act. 44 Nat Resources J 29, Winter 2004.

The exemption process under the Endangered Species Act: how the "god squad" works and why. 66 Notre Dame L Rev 825, 1991.

Peterson. The development and application of the "extraordinary case" exception within the ESA: private and national interests in conflict. 14 Pub Land L Rev 261, Spring 1993.

Smith. The Endangered Species Act and Biological Conservation. 57 S Cal L Rev 361, March 1984.

Simmons. The Endangered Species Act of 1973. 23 South Dakota L Rev 302, Spring 1978.

Arnold, Conserving habitats and building habitats: the emerging impact of the Endangered Species Act on land use development. 10 Stan Envtl L J 1, 1991.

Rosenberg. Federal Protection of Unique Environmental Interests: Endangered and Threatened Species. 58 The North Carolina L Rev 491, March 1980.

Patlis. Biodiversity, ecosystems and species: where does the Endangered Species Act fit in? 8 Tul Envtl LJ 33, Winter 1994.

Marsh. Conservation planning under the Endangered Species Act: a new paradigm for conserving biological diversity. 8 Tul Envtl LJ 97, Winter 1994.

Houck. The Endangered Species Act and its implementation by the U.S. Departments of Interior and Commerce. 64 U Colo L Rev 277, 1993.

Williams. A brief overview of the Endangered Species Act. 6 Utah BJ 9, November 1993.

Gibbons; Gwin; Chandler. The Efficacy of Federal Environmental Legislation: The TVA Experience with Endangered Species and Clean Air. Utah Law Rev 701, 1979.

Moore. Back to the Drawing Board: a Proposal for Adopting a Listed Species Reporting System under the Endangered Species Act. 24 UCLA J Envtl L & Pol'y 105, 2006.

The concept of species and the Endangered Species Act. 11 Va Envtl LJ 463, Spring 1992.

Goble. Recovery in a Cynical Time--With Apologies to Eric Arthur Blair. 82 Wash L Rev 581, August 2007.

Chen. Diversity in a different dimension: evolutionary theory and affirmative action's destiny, 59 3 Ohio St L J 811, 1998.

Interpretive Notes and Decisions:

1. Generally 2. Purpose 3. Constitutionality 4. Relationship to other provisions 5. Duty to protect endangered species, generally 6.--Prohibited activities 7. Practice and procedure 8.--Controlling law 9.--Standing 10.--Notice; hearing right 11.--Evidentiary matters 12. Judicial review 13.--Final order 14.--Ripeness; mootness 15. Miscellaneous
1. Generally

Court will not expurgate important federal policy statute designed to foreclose all activities antithetic to preservation of "esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people" of vulnerable species of fish, wildlife, and plants, as referred to in 16 USCS § 1531(a)(3). Hill v Tennessee Valley Authority (1977, CA6 Tenn) 549 F2d 1064, 9 Envt Rep Cas 1737, 7 ELR 20172, affd (1978) 437 US 153, 98 S Ct 2279, 57 L Ed 2d 117, 11 Envt Rep Cas 1705, 8 ELR 20513 (superseded by statute as stated in Board of Governors of Federal Reserve System v Dimension Financial Corp. (1986) 474 US 361, 106 S Ct 681, 88 L Ed 2d 691, CCH Fed Secur L Rep P 92437) and (superseded by statute on other grounds as stated in Pyramid Lake Paiute Tribe of Indians v United States Dep't of Navy (1990, CA9 Nev) 898 F2d 1410, 20 ELR 20572) and (superseded by statute on other grounds as stated in Pacific Rivers Council v Thomas (1994, CA9 Or) 30 F3d 1050, 94 CDOS 5250, 94 Daily Journal DAR 9626, 39 Envt Rep Cas 1078, 24 ELR 21367) and (superseded by statute on other grounds as stated in Rio Grande Silvery Minnow v Keys (2002, DC NM) 356 F Supp 2d 1222) and (superseded by statute on other grounds as stated in Sierra Club v Strock (2007, SD Fla) 495 F Supp 2d 1188, 65 Envt Rep Cas 2082, 37 ELR 20188, 20 FLW Fed D 995) and (superseded by statute on other grounds as stated in Hoosier Envtl. Council v United States DOT (2007, SD Ind) 2007 US Dist LEXIS 90840) and (superseded by statute on other grounds as stated in Grand Canyon Trust v United States Bureau of Reclamation (2008, DC Ariz) 2008 US Dist LEXIS 83853).

Language in 16 USCS § 1533, stating that Secretary of Interior had one year in which to publish final regulation after general notice of proposed regulation listing species as endangered, is to be taken literally; if Congress had wanted to tie publishing of final regulation to filing of petition seeking listing, it easily could have. Oregon Natural Resources Council v Kantor (1996, CA9 Cal) 99 F3d 334, 96 CDOS 7969, 96 Daily Journal DAR 13233, 43 Envt Rep Cas 1796, 27 ELR 20469, dismd, in part, motion den, in part, transf (1997, ND Cal) 1997 US Dist LEXIS 11286, transf to, summary judgment gr, summary judgment den, remanded (1998, DC Or) 6 F Supp 2d 1139, 29 ELR 20514 (criticized in Defenders of Wildlife v Babbitt (1999, SD Cal) 1999 US Dist LEXIS 10366).

Endangered Species Act (16 USCS §§ 1531 et seq.) applies to hunting on Seminole Indian Reservation, where United States prosecuted tribe member for taking and possessing Florida panther, because on-reservation hunting rights are not absolute when species is in danger of extinction, and legislative history and clear interpretation of Act support conclusion Congress abrogated such rights to extent necessary to advance purpose of Act. United States v Billie (1987, SD Fla) 667 F Supp 1485, 18 ELR 20209.

2. Purpose

Objective of Endangered Species Act is to enable listed species not merely to survive, but to recover from their endangered or threatened status. Sierra Club v United States Fish & Wildlife Serv. (2001, CA5 La) 245 F3d 434, 52 Envt Rep Cas 1464, 31 ELR 20504.

Policy on Consideration of Hatchery-Origin Fish, 70 Fed. Reg. 37,204 (June 28, 2005) (Hatchery Listing Policy) does not flout statutory goal of preserving natural populations under Endangered Species Act (ESA), 16 USCS §§ 1531 et seq., but instead Hatchery Listing Policy mandates complex evaluation process that considers both positive and negative effects of hatchery fish on viability of natural populations; Hatchery Listing Policy's review of status of entire evolutionarily significant unit is consistent with overall focus of ESA on preserving natural populations. Trout Unlimited v Lohn (2009, CA9 Wash) 559 F3d 946, 68 Envt Rep Cas 1904, 39 ELR 20061.

Policy on Consideration of Hatchery-Origin Fish, 70 Fed. Reg. 37,204 (June 28, 2005) complies with express purpose of Endangered Species Act (ESA), 16 USCS §§ 1531 et seq., to preserve ecosystems upon which endangered and threatened species depend and to restore any such species to point at which measures provided pursuant to ESA are no longer necessary, 16 USCS § 1532(3). Trout Unlimited v Lohn (2009, CA9 Wash) 559 F3d 946, 68 Envt Rep Cas 1904, 39 ELR 20061.

Endangered Species Act of 1973 (16 USCS §§ 1531-1543) was enacted to provide for conservation of domestic and endangered species of fish and wildlife through federal action and through cooperation with state endangered species conservation programs consistent with federal law. Fouke Co. v Brown (1979, ED Cal) 463 F Supp 1142, 9 ELR 20113.

U.S. Fish and Wildlife Service's conclusion that three of lynx's four regions, which comprised three-quarters of lynx's historical regions and in two of which lynx was no longer viable, were collectively not significant portion of lynx's range was arbitrary and capricious and contrary to plain meaning of and broad purpose of Endangered Species Act, 16 USCS §§ 1531 et seq., to protect endangered and threatened species. Defenders of Wildlife v Norton (2002, DC Dist Col) 239 F Supp 2d 9, remanded (2004, App DC) 89 Fed Appx 273.

Federal agencies did not show that transfer to California district court of landowners' action, which challenged designation of their California property as critical habitat for San Diego fairy shrimp, was appropriate for convenience or fairness because landowners' choice of forum in District of Columbia (D.C.) was not outweighed by location of property in San Diego County, which was wholly subsumed by Southern District of California, pursuant to 28 USCS § 84(d); rather, nexus between controversy and California, where property and landowners were located, was only marginally stronger than connection between controversy and D.C. because controversy involved issue of federal environmental law under Endangered Species Act, which was subject to judicial review under Administrative Procedure Act, 5 USCS §§ 702 et seq., and was enacted to ensure conservation of endangered and threatened species and their ecosystems; and involved private property that was not accessible by public, and would have no direct or unique impact on San Diego County residents or their water supply. Otay Mesa Prop., L.P. v United States DOI (2008, DC Dist Col) 584 F Supp 2d 122, summary judgment den, summary judgment den, as moot, summary judgment gr (2010, DC Dist Col) 714 F Supp 2d 73.