Friends of Winged Ones files a suit in Federal Court to prevent the Highway Department from building a new freeway in an area abutting a swampland. The citizens claim that migratory birds could change their current migration patterns several miles north due to global warming at some point in the future, in which case, the federally protected migratory birds would nest and lay eggs on the swampland. The freeway would eliminate their potential habitat and interfere with the nesting of these birds in violation of the Migratory Bird Act. Assuming Friends of Winged Ones has standing to sue, does the Federal Court have jurisdiction to hear this case? Why or why not?

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The question of whether the Federal Court has jurisdiction to hear the case brought by Friends of Winged Ones involves considering several elements of ... View the full answer