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Count 6, introduced by CURE and CDEM, argued that the invention of the Andrade Mesa Wetlands was new information which required the federal agencies to re–initiate formal consultations with the Fish and Wildlife Service underneath the Endangered Species Act . This was based mostly on the argument that the project will end result in the loss of crucial habitat for the Yuma Clapper Rail and Peirson’s Milk Vetch. The Court, however, dismissed CDEM’S claim on this regard for lack of standing19 as a end result of the environmental interests asserted weren’t found to be germane to its acknowledged organizational objective of promoting the financial pursuits of Mexicali residents. The ensuing controversy was described by a Los Angeles Times’ reporter as a “potential water warfare between the United States and Mexico” . As such, no real issue was pleaded by CURE that implicated the responsibility to reinitiate consultations.
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