Brad Bennett, et al. v. Michael Spear, et al. (520 U.S. 154)
U.S. Supreme Court · decided March 19, 1997 · Supreme Court Database (Spaeth)
- Citation
- 520 U.S. 154 · 117 S. Ct. 1154
- Decided
- March 19, 1997
- Term
- October Term 1996
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Scalia delivered the opinion of the Court. This is a challenge to a biological opinion issued by the Fish and Wildlife Service in accordance with the Endangered Species Act of 1973 (ESA), 87 Stat. 884, as amended, 16 U. S. C. § 1531 et seq., concerning the operation of the Kla-math Irrigation Project by the Bureau of Reclamation, and the project’s impact on two varieties of endangered fish. The question for decision is whether the petitioners, who have competing economic and other interests in Klamath Project water, have standing to seek judicial review of the biological opinion under the citizen-suit provision of the ESA, § 1540(g)(1), and the Administrative Procedure Act (APA), 80 Stat. 392, as amended, 5 U. S. C. § 701 et seq. I The ESA requires the Secretary of the Interior to promulgate regulations listing those species of animals that are “threatened” or “endangered” under specified criteria, and to designate their “critical habitat.” 16 U. S. C. § 1533. The ESA further requires each federal agency to “insure that any action authorized, funded, or carried out by such agency ... is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary ... to be critical.” § 1536(a)(2). If an agency determines that action…
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