Next Generation Bar Exam Quiz
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CONSTITUTIONAL LAW
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Congress amended the Endangered Species Act to require every federal agency, before approving a project that might affect a listed species, to obtain a biological opinion from the Fish and Wildlife Service. The amendment also provides that 'any person' may sue to enjoin a violation of this requirement. The Bureau of Reclamation approved a dam on the Missouri River without obtaining a biological opinion. Mara, who lives in Chicago, has never visited the river and has no plans to do so, but she has donated to a pallid sturgeon conservation fund and follows the species online. She sues in federal district court to enjoin the dam, relying on the amendment. The government moves to dismiss for lack of subject-matter jurisdiction.
How should the court rule on the motion to dismiss?
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