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Demoruelle v. Kucharski

ELR Citation: 49 ELR 20161
Nos. 19-00269 JAO-RT, (D. Haw., 09/27/2019) (Otake, J.)

A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA. The resident argued that the county violated its EIS by allowing construction and related tree clearing to occur during nesting season for the hawk and pupping season for the bat, thus resulting in unlawful taking of both species. But the court concluded that the resident lacked standing because she failed to allege with sufficient particularity where she engaged in her recreational activities in relation to the construction site or how the site's alleged taking of bats and hawks affected her enjoyment of the areas she used, and thus failed to adequately plead an injury in fact. It therefore dismissed the suit for lack of standing.